
Book IQ ^ ^- 



^ X O^ TUB 

SOCIAL ORGANIZATION 



MODE OF GOVERNMENT 



AI^OIENT MEXICANS. 



BY 



Ad. F. BANDELIER. 



[From the Twelfth Annual Report of the Peabody Museum of Archreology and 
Ethnology, Cambridse- 1879.] 



SALEM: 
PRINTED AT THE SALKM PRKSS. 

1879. 



ON THE 

SOCIAL ORGANIZATION 

AND /?S3 

MODE OF GOYERMENT 



AKOIENT MEXICANS. 



BY 



Ad. F. BANDELIER. 



/ 



[From the Twelfth Annual Report of the Peabody Museum of Archfeology and 
Ethnology, Cambridge. 1879.] 



SALEM: 
PRINTED AT THE SALEM PRESS. 

1879. 



. r:-).'-' 



Digitized b^ the ^Internet Archive 
in 2010 with fuhding from 
The Library of Congress 




http://www.archive.org/details/onsocialorganizaOOband 



ON THE SOCIAL ORGANIZATION AND MODE OF GOVERNMENT 
OF THE ANCIENT MEXICANS. 



By An. F. Bandelier. 



Two previous papers have already been devoted to some of the 
most prominent features of the life of the ancient Mexicans, namely : 
warlike customs, and their mode of distributing and occupying the 
soil and their rules of Inheritance. ^ The conclusions of both 
essays were chiefly negative, in so far as they tended to establish 
the non-existence of a condition which has, for three centuries, 
been regarded as prevailing. Thus, in the first, we have attempted 
to disprove the existence of a military despotism^, and in the second, 
the existence of feudalism^ among the natives of Mexico. More 
positive results were, however, foreshadowed in both instances 
by the suggestion, if not by the demonstration, that aboriginal 
society in Mexico rested on a democratic principle. The present 
essay is intended to show — if the organization of the natives of 
Mexico was not as it is commonly represented — what that organi- 
zation really was, according to our conception, and what status 

1 Tenth Report of the Peabody Museum: " On the Art of War and Mode of Warfare of 
the Ancient Mexicans." Eleventh Report: " On the Tenure and Distribution of Lands 
among the Ancient Mexicans, and the Customs with Respect to Inheritance." 

■'''Art of War," pp. (127, 128, and ]fil). 

3 " Tenure of Lands," (pp. 418 and 418). Id both instances, as well as in the present 
discussion, the worlds of the Hon. L. H. Morgan iiave furnished to the writer his points 
of departure and lines of investigation; besides, the distinguished American ethnolo- 
gist has watched witli more than friendly solicitude the progress of all these essays. 
If I seize the opportunity to recall here the debt of gratitude under which I stand 
toward him, it is coupled with the wish to express heartfelt thanks to several of my 
friends, to whose liberal assistance these and the preceding pages owe their existence, 
nearly as much as to my individual work. Let me name here, Mr. F. W. Putnam, 
Curator of the Peabody Museum, Col. Fred Hecker, of Sunimerfleld, Illinois, Dr. G. 
Bruhl, of Cincinnati, Ohio, and the officers of the Mercantile Library at St. Louis, 
Missouri. Lastly, because most remote, though certainly not least, am I deeply in- 
debted to the great documentary historian of the City of Mexico, Sr. Don Joaquin 
Garcia Icazbalceta for nearly all information which could not be obtained from the 
usually known sources. 

(557) 



558 

of progress in Institutions can be assigned to the remarkable tribe 
whicli has become so prominent in history. In other words, our 
object is to reconstruct the mode of government of the ancient 
Mexicans, the nature of its offices and dignities, and especially the 
principles ruling and guiding their social agglomeration. 

The distinguished Mexican scholar, Manuel Orozco y Berra, ex- 
plains, as well as qualifies, the condition of the aborigines of 
Mexico in the following manner : 

" If, from the boundary-lines of the empire [of Mexico, accord- 
ing to his views] we now turn to the races peopling its area, we 
find it to be a truth undeniable that no common nor mutual tie 
connected these numerous and diverse tribes. Each one was in- 
dependent under its chiefs. 4" 

4" Geografia de laa Lenguas y Carta Etnogrdfica de 3Iexico," por Manuel Orozco y 
Berra, Mexico, 18(54, (Tercera Parte, IX Mexico, p. 252). "Si de las deniarcaciones 
del impevio pasanios a considerar las razas que lo poblaban, encontraremos como una 
verdad innegable que tanta tribu diversa no tenia nn lazo comun de union. Cada una 
era independiente bajo el mando de sus senores. Las ambicioiies particulares encen- 
dian la guerra, y la misma familia se fraccionaba. A su semejanza, cada pueblo tenia 
un gefe que de nombre reconocia al seiior principal, y todas las provincias estaban 
subdividas hasta formar un sistema bajo algunos pnntos scmejante al feudal. Rencores 
y odios apartaban las tribus, y la guerra era constante, porque siendo una de sus 
principales virtudes la valentia, no podian verse sin combatlrse, a imitacion de los 
orguUosos aniniales que sirven de diversion en los palenques. Por instinto 6 porque 
las generaciones son arrastradas aun a su pesar por la corriente de los tiempos, los 
Mexicanos emprendiCron la tarea de reunir en un solo haz todos aquellos pueblos, de 
formar de ellos una nacion, y de asimilar sus intereses con los intereses del imperio. 
Para llevar a cabo semejante tarea era preciso, la fuerza para poder triuiifar; un 
sistema proseguido con tino, y con tenacidad, y el tiempo bastante para que el odio se 
borrara y dejara nacer las simpatias. Pero la unidad que solicitaban los Mexicanos 
llevaba a las tribus al mas espantoso de los despotismos; el imperio era muy nuevo 
para haber aloanzado otra cosa que reducir a la servidunibre, sin poder contar con el 
amor de sus vasallos; de manera que en lugar de amigos, tenia enemigos solapados, y 
su grandeza era solo engaiiosa appariencia. En esta sazon se presentaron los con- 
quistadores espaiioles. Cualquiera fuerza extrana habia de hacer vacilar al coloso; 
as tribus, mal halladas con la servidumbre, vieron en los invasores a quienes podran 
salvarles del yugo; en su juicio rencoroso no quisieron advertir, que por alcanzar una 
esteril venganza avcnturaban su propia existencia, y corrieron de tropel a colocarse 
bajo las banderas de los estranjeros." It may be interesting to compare this weighty 
authority with my remarks on the same subject in "Art of War,'" (pp. 100, also note 17), 
and " Tenure of Lands," (pp. 416, 417, and 418, and annotations.) The diflerence consists 
in that Sr.Orozcoy Berra ascribes to the ancient Mexicans a decided tendency to '• n.ation- 
allize," so to say, the aboriginal people of their conquered area, to force unil'ormity of 
customs and organization upon them, and establish a true despotism. To this I beg 
leave to suggest in reply : — 

(1). Tliat the Mexicans, a/o?ie, formed only a pari (two-fifths in amount of tribute) of 
that power which is commonly termed "an Empire" (El Imperio) and which was 
but the Nahuatl confederacy of the Mexican valley. In evidence of it I will take the 
liberty to quote his own Avords, (same part and chapter, pp. 240, 241) : " El reiuo de 
Acolhuacan era el segundo en poderfo; su capital era Tetzcoco, a la orilla del lago de 
Eu nombre. Pequena hoy y sin material interes, en lo antiguo fue rival de Mexico y 



559 

This eliminates at once the notion of a Mexican state or empire, 
embracing in the folds of political society ^ all the groups of abor- 

la segunda poblncion de las del Valle." Farther on, quoting Juan Bautista Pomar, 
'■' Itelacion de la ckidad de Tezcuco," (MSS., belonging to Sr. Icazbalceta, and dated 1582) 
who says of Tezcuco: ''La extension del reino era desde el mar del N. a la del Sur, 
con todo lo que se comi)rende a ia banda del Poniente hasta el puerto de la Vera Cruz, 
salvo la Ciiidad de Tlachcala y Huexotzinco," the learned ethnographer adds, (p. 
24i), " Juan B. Pomar flja las limites del reino coti toda la exaggeracion que puede in- 
fundir el orgullo de raza. Por nuestra parte, hemos leido con cuidado las relacionea 
que a la monarquia corresponden, y hemos estudiado en el piano los lugares a que se 
refieren, y ni de las uuas ni de las otras llegamos a sacar jamas que los reyes de 
Acolhuacan mandaron sobre las tribus avecindadas in la costa del Paciflco, no ya a 
la misma de Mexico, sino aun a menores latitudes." He then enters ui>on a discussion 
of the number and names of settlements whicli gave tribute exclusively to Tezcuco. 
We can only refer to it in general here, as one of the most valuable contributions to 
Mexican history, and based upon authorities which ouglit to be published as soon as 
possible, some of wliich we mention for the benefit of students : — 

(1). " Memorial dirigido al reypor Don Hernando Pimentel Nexcavualcuyutl, caciquey 
gobernador de la pronncia de Tezcuco, etc." This is tlie celebrated Report used by 
Torquemadii and Fernando de Alba Ixtlilxochitl, and which the Cavaliere Boturini 
Benaducci owned. 

(2). " Ilelacion de Senpuhuala del corregidor Luis Obregoyi," 1.580, MSS. 

(3). " Relacion de Epazoyuca por el corregidor Luis Obregon" 1580, MSS. 

(4). " Relacion de Tetliztaca por el corregidor LAiis Obregon," 1580, MSS. 

(5). " Relacion de Meztitlan por el alcalde mayor Gabriel de Chavez," 1589, MSS. 

(6). '^Relacion de Atengo por el corregidor Juan de Padilla," 1579, MSS. 

(7). " Relacion de Atlatluuca por el corregidor Gafpar de Solis," 1580, MSS. 

(8). '^ Relacion de4capiztla por el alcalde mayor Juan Gutierrez de Liebana," 1580, MSS. 

(9). " Relacion de Cidhuacan por el corregidor Gonzalo Gallego," 1580, MSS. 

(10). "Relacion de Iztapalapa por el corregidor Gonzalo Gallego," 1.580, MSS. 

Since most of these valuable MSS. are the property of Sr. J. G. Icazbalceta, an early 
publication thereof may be hoped for. 

Sr. Orozco y Berra now reaches tlie important conclusion : 

(«). That Acrilhuacan or Tezcuco hiid settlements tributary to it alone, (p. 246). 

(b). That the '-Empire" had tributaries of itself. 

(c). That certain pueblos paid tribute both to Tezcuco and to Mexico, (p. 246), Epazo- 
jnica, " pertenecieron tambien a Tetzcoco, y en el reioado de Itzcoatl quedaron por 
mitad para Mexico y para Tetzcoco, a fin de que de alii sacaran los imperiales las 
navajas para sus macanas." Taken probably from Relacion 3. 

The ''Imperiales" were, therefore, the confederates, and the "Imperio" the con- 
federacy. But if, within the area conquered by tliese confederates, each one of them 
received its share of tributary tribes, how could it be their task or tendency to unify or 
nationalize, since each of the three associates composed but a part of that power, 
and their association was a voluntary one ? 

(2). None of the confederates exercised any power over the others, beyond the 
exclusively military direction delegated to the Mexicans proper. " Rapport sur les 
differentes classes de chefs de la Nouvelle Espagne, Par Alonzo de Zurita," translated 
from the Spanish original by Mr. Ternaux Compans, and pi'inted in 1840, l)y him in his 
" Voyages Relations et Miimoires origina aux pour servira I' histoirede la decouverte de V 
A^nerique," (p. 11). ''La province de Mexico etait soumise a ti'Ois principaux chefs: 
celui de Mexico, celui de Tezcuco ct celui de Tlacopan, que Ton nomme aujourd' hui 
Tacuba. Tons les chefs inferieurs relevaient de ces souverains et leur obeissaient. 
Les trois chefs superieurs formaient une conlederalion et se partagaient les provinces 
dont lis s'emparaient. Le souverain de Mexico avait au dessous de lui ceux de Tez- 
cuco et de Tacuba pour les affaires qui avaient rapport a la guerre; quant a toutes les 
autres, leurs puissances etaient egales, de sorte que 1' un d' eux ne se melait jamais du 



560 

igines settled within the area tributary to the valley- tribes. Con- 
sequently we need not look beyond the tribe, for an3^ larger group 

gouvernment des aiitres," (p. 16). "Chaque soiiverain conflrmait V election de ses 
vassaux, car, ainsi qu' on 1' a deja dit, leur jurisdiction etait independante pour les 
affaires civiles et criniinelles." 

Fray Toribio de Motolinia, " Historia de los Indies de Kueva Espana," in Vol. I, of 
Sr. Icazbalceta's " Coleocion de Docunientos, etc." (Epistola proemial, p. 5). '• Despnes 
el seiiorio de Tetzcoco fue tan grande como el de Mexico." (Id. p. 11) '-Los de 
Tetzcoco, que en antigUedad y seiiorio no son menos que lot, Mexicanos." (Tratado III, 
Cap. VII, p. 182) "Esta cindad de Tetzcoco era la segunda cosa principal de la tierra, 
y asimismo el senor de ella era el segundo seiior de la tierra; sujetaba debajo de si 
quince provincias liasta la provincia de Tuzapan, que esta a la costa del Mar del Norte. 

a la parte de Oriente tiene Mexico Tenuclitithm a una legua la ciudad 6 pueblo 

de Tlacopan, adonde residia el cercero senor de la tierra, al cual estaban sujetas diez 
provincias : esios dos sefiores ya dichos se podrian bien Uaniar reyes, porque no les 
faltaba nada para lo ser. (p. 183) "Las de las provincias y principales pueblos eran 
como sefiores de ditado d salva, y sobre todos eran los mas principales los dos, el de 
Tetzcoco y el de Tlacopan ; y estos con todos los otros todo lo mas del tiempo residian 
en Mexico, y tenian corte a Moteuczoma." We know, however, that the (act of 
residence of tlie head-war-chiefs of Tezcuco and Tlacopan at Mexico, is not true, 
though their frequent visits thei-e on military business, and their protracted stay after 
the Spaniards had entered the pueblo, may explain the error. The latter passage is 
amended by the good father (Trat. Ill, cap. VIII, p. 187), as follows: "y si de esto 
algun senor tenia exencion era el de Tetzcoco." 

Fernando Cortes, Carta Segunda, (In Vedla's " Historiadores i)rimitivos, etc." Vol. I, 
p. 29). Speaking of Cacamatzin, lie says : '"e segun lo que despues del supe, era el muy 
cercano deudo de Muteczuma, y tenia su sefiorio junto al del dicho Muteczuma; cuyo 
nonibre era Haculuacaii." Cortes further relates that when Cacamatzin threatened to 
take up arms, he requested Montezuma to direct him to come to Mexico, but the chief- 
tain of Tezcuco rel'used, saying, "that if they wanted something of him, they might 
come over on his land, where they would find out who he was, and what kind of obedi- 
ence he was held to." Montezuma even was afraid, upon this reply, to suggest open 
violence, dissuading Cortes from it altogether. This shows clearly that the Mexicans 
had no authority over the Tezcucans, and even were loth to assail them. 

Francisco Loj)ez de Ootnara. Conquista de Mejico (In Vedia, Tom. I, p. 346). " Ha- 
bia asimesmo otros niuchos sefiores y reyes, como los de Tezcuco y Tlacopan, que no 
le debian nada, siiio la obediencia y homenaje." Also, on the treacherous seizure of 
Cacamatzin, he confirms Cortes (p. 3.55), ''La prision de Cacama, rey de Tezcuco." 
(Id. p. 433), " a Chimapopoca sucedio el otra su hermano, dicho Izcona. Este Izcona 
senoreo a Azcupuzalco, Cuanhnau, Chalco, Couatlichan y Huexocinco, mas tuvo por 
accompanados en el gobierno a Nezaualcoyocin, senor de Tezcuco, y al senor de Tlaco- 
pan, y de aqui adelante mandaron y gobernaron estos tres sefiores cuantos reiuos y 
pueblos obedecian y tributaban a los de Culiia; bien que el principal y el mayor dellos 
era el rey de Mejico, el segundo el de Tezcuco, y el menor el de Tlacopan." 

Bernal Diez de Castillo. Historia verdadera de la Conquista de A^ueva- Espana. 
(Vedia, Vol. II, Cap. C, p. 100.) "Como el Cacamatzin, sefior de la ciudad de Tezcuco 
que despues de Mejico era la mayor y mas principal ciudad que hay en la Nueva 
Espafia." Also on the seizure of Cacamatzin, confirmatory of Cortes and of Gomara 
(pp. 101 and 102). 

Gonzalo Fei-nandez de Ovicdo y Valdes. Historia natural y general de Indias. 
Madrid, IS.W (Lib. XXXIII, cap. VIII, pp. 294 and 295). The entire chapter is devoted 
to the seizure of Cacamatzin, and is almost a verbal copy of the report made by Cortes 
(Lib. XXXIII, cap. Lll, p. 539). It contains a letter written to Oviedo, by the vice-roy of 
Mexico, Don Antonio de Mendoza, under date of 6 October, 1541, in which this 
functionary says: " Y lo de aqui no es tan poco que no podays hacer libro dello, 6 no 
sera pequefio; porque auiique Monte9uma i Mexico es lo que entre nosotros ha souado, 



561 

of social organization. The confederacy of tribes, as we have 
already shown, carried no influence whatever on the organization. 

no era menor senoi' el Caconci de Mechuacan, y otros que recenoscian al uno ni al 
otro." We quote this passage merely as a general illustration. 

Fray Bernardino de Sahagun. Historia general de las Cosas de Nueva-Espana, 
published by Sr. C. M. de Bustamante, in 1829 (Vol. II, lib. VIII, cap. Ill, p. 276), 
"El cuarto senor de Tezuoco se Uamo Netzahoalcoiotzin, y reind setenta y un anos, y 
en tiempo de esto se comenzaron las guerras, y tuvo el senorio de Tezcoco siendo 
senor del de Mexico Itzcoatzin, y estos entrambos hicieron guerra a los de Tecpaueca, 
de Atzcaptzalco, y a otros pueblos y provinoias, y el fue I'undador del senorio de 
Tezcoco in Aculhoacan." (Id. Vol. III. lib. XII, cap. XLI, page 59, close of chapter.) 

Fray Diego Durdn. Historia de las Yndias de Nueva Espana e Islas de lierra Firme, 
Published by Sr. Jose Fernandez Ramii'ez at Mexico, in 1867, (Cap. XIV, p. 1'23). "El 
rey Itzcoat), aiinque mal dispuesto, holgo de la victoria y dio las gracias a todos los 
senores y principales, al quiil, agrauandosele la enfermedad, entendiendo de se acer- 
tarsele la muerte, mando llaniar al Senor de Tezcuco, Ne9aualcoyotl, pariente cercano 
suyo, y aconsejoie que no tuviese guerra con los Mexicanos, sus parientes y amigos, 
sino que antes se hiciese con ellos y fuese en su favor siempre: y dexo ordenado que 
desde en adelante fuese de Tezcuco el segundo rey de la comarca y el tercero el de 
Tacuba, a quien llamauau el rey de Tlaluacpan. . . ." (p. 124). '• . . . y solo estos 
tres reynos niandaron y governaron la tierra, de hoy en adelante, siendo el de Mexico 
sobre todos ellos, y casi coino emperador y monarca del nueuo mundo." Nearly the 
whole of Cap. XV is devoted to the formation of the confederacy, but cannot be in- 
serted here. The editor, Sr. J. F. Kamirez, appears to incline to the opinion, however, 
that there was a confederacy on equal terms, (note 2, p. 130). The same author also 
states repeatedly tliat the head-chiefs of Tezcuco and Tlacopan sacrificed (slaughtered) 
captives at the chief teo-calli of Mexico, on very solenm occasions, together with the 
head-chief of Mexico, thus showing equal rights. (Cap. XXIII, p. 197 and others.) 
But liis plainest statement is found (Cap. XLIII, p. 317), and reads as fuUows : "AlgH- 
nos han querido decir quel reyno de Tezcuco era libre de todo reconooimieuto y panas 
al monarca, y que en nada le era sujeto, lo qual alio al coutrario en esta ystoria Mexi- 
cana; porque aunque & la verdad no tributauan a Mexico mantas ni joias ni plumas 
ni cosas de comida, como otras provincias tributauan, hallo empero a los Mexicanos 
metidos en las tierras tezcucanas donde sembraban y cogian, y alguiios dellos hechos 
terrazgueros de los senores de Mexico; y alio que en ofreciendose estas fiestas y 
solenidades, daban tributo desclauos para ella, de lo qual niiiguno estaua esento ni 
reservado. Tambien alio que ofreciendose dar guerra a alguna ciudad y provincia, al 
primero que llamauan y acudian para que apercibiese sus gentes, era al rey de 
Tezcuco, y como abemos, notado en esta ystoria, le hacian venir a Mexico todas las veces 
que se ofrecia ocasion, loqual no era poca sujecion, dado que tuviese sus preeminencias 
y libertades de rey y sefior de aquella provincia de Aculuacan; . . . ." 

Fernando de Alvarado Tezozomoc. Cronica Mexicana. (9th Vol. of Lord Kings- 
borougli's "Antiquities of Mexico.") Tliis author agrees so closely withDuran in most 
instances, that we can dispense with full quotations. See Cap. XIX and XX, on the 
pretended conquest of Tezcuco by the Mexicans. Tezozomoc is very positive on the 
question of joint sacrifice (Cap. LXIX, p. 117). A singular remark is, however, found 
(Cap. XCVII, p. 172). After the Hiiexotzincas had sent delegates to Mexico to sue for 
peace, the Alexican council was called together: "dijo zihuacoatl resoluto: Senor, 
como sera esto, si no lo saben vuestros consegeros de guerra los reyes de j^culhuacan- 
NezahualpiHi, y el de Tecpanecas Tlaltecatzin ? hagase entero cabildo y acuerdo: fue 
acordado asi." 'Ihis important incident shows that not even the Mexicans had the 
right to treat alone with a power hostile to the three tribes, consequently that 
the other twi> were their confederates, and 7wt their feudal vassals. Fray Duran con- 
flrnis the incident in chapter LX, p. 473, of his work, precedingly quoted. 

Joseph de Acosta, Historia natural y moral de las Indias, Madrid, 1608, derives 
hisinlormation from the same source as the two preceding, namely: the Codex Rami 



562 

It was only a partnership, formed for the purpose of carrying on 
the business of warfare, and that intended not for the extension of 

rez, now in process of publication at Mexico. Acosta mentions and describes 
(Lib. VII, Cap. XV, p. 490). tlie traditionary war between tlie Mexicans and Tezcucans 
concluding: ''Con esto quedo el Rey de Mexico por supremo Rey de Tezcuco, y no 
quitandoles su Rey, sino haziendole del supremo Censejo suyo." (Cap. XVI, p. 490.) 
Both chiefs, of Tezcuco and of Tlacopan, are mentioned by liim as " electors " of the 
Mexican liead-chiefs. 

Sebastian Ramirez de Fuenleal, Bishop of San Domingo and President of the Royal 
Audiencia at Mexico. " Lettre . . . S. sa majeste Charles K," translated by Mr. 
Terliaux-Compans in his " Premier Recneil de Pieces relatives a la Nouvelle-Espagne," 
and bearing date 3 Nov., liiii (p. 251). " Les souverains de Tezcoco, de Tacuba, qui 
etaient tres puissants dans cette contree, agissaient de meme que Mntizuma. lis 
partageaient entre eux et ce souvei'ain le fruit de leurs conquetes; cependant les 
souverains de Mexico etaient les plus puissants, et ils eurent toujours une plus grande 
diflference." The same words about are repeated in the " Second Jiecueil," printed 1840, 
(the first " Recneil " appeared in 1838), on p. 222. The Report is therein stated to be 
by tlie President and the Audiencia. 

" Lettre des Chapelains Frere Toribio et Frere Diego DWlarte a Don Luis de Velasco 
etc.," date: St. Frangois de Cholula, 27 Aout, 1.554. (Ternaux, " Recueil," 1, p. 403), 
"Toutes les autres obeissaient a Montezuma, au souverain de Tezcuco, et a celui de 
Tlacopa. Ces trois princes etaient etroicement confederes; lis partagaient entre eux 
tons les pays qu'ils subjuguaient. Montezuma exergait la toute-puissance dans les 
affaires relatives it la guerre et au gouvernment de la confederation." 

Fi-ay Geronimo de Mendieta. ^' Htstoria ecclfsiastica Indiana," published by 
Icazbalceta in 1870. After having mentioned (Lib. II, cap. XXVI, p. 129) that the 
chiefs of Mexico and Tezcuco sent challenges to foreign tribes to recognize •' the chief 
of Mexico " as their superior, and to give him tribute, he says (Cap. XXVIII, p. 134), 
"Es de saber que los seEiores de Mexico, Tezcuco y Tacuba, como reyes y senores 

supremos de esta tierra " (Cap. XXXVII, p. 158.) "Los seiiores de las provin- 

cias 6 pueblos que inmediatamente eran subjetos Ji Mexico, iban luego alii 8, ser con- 
flrmados en sus senorias, despues que los principales de sus provincias los liabian 
elegido, y con algunos. .... En los pueblos y provincias que inmediatamente eran 
subjetos a Tezcuco y a Tacuba tenian recurso por la conflrmacion it sus seiiores; que 
en esto y otras cosas estos dos senores no reconocian superior." Italics are my own. 

Antonio de Herrera. " Historia general de los hechos de los Castellanos en las Islas y 
la Tierra- Firme del mar Oceano." 1726, Madrid. (Dec. II, lib. VII, cap. XII, p. 190). 
He almost copies Gomara, and in regard to the seizure of Cacamatzin he not only con- 
firms Cortes, Gomara, and Bernal Diez, but is much more detailed and positive yet. 
(Dec. II, lib. IX, cap. II, pp. 217, 218.) Finally he asserts: (Dec. Ill, lib. IV, cap. 
XV. p 133). " Con Mexico estaban confederados los Seiiores de Tezcuco, i Tlacopan, 
que aora llanian Tacuba, i partian lo que ganaban, i obedecian al Serior de Mexico, en 
lo locante a la guerra, i tenian algunos I'ueblos comunes en sucesion, asi de los Seiiorios, 
como de los Maiorazgos, i liaciendas." 

We now turn to an author who plainly takes an opposite view of the question, claim- 
ing, in place of a Mexican " Empire," the supremacy lor the Tezcucans, or an ancient 
•'Empire" of the Cliichimecas. Tlie latter claim has already been discussed in 
" Tenure of Lands" {\>.'i'iH, note 10). This assumption, — which strongly combats the 
view that there was anything at all like an Empire, while it implies the existence of a 
mere confederacy, — is set forth by the following well known Tezcucan native auJior. 

Fernando de Alba Ixtlllxochitl. " Histoire des Chichimeques ou des anciens liois de 
Tezcuco." This is tne french translation of the original "Historia de los Cliicliimecos, 
etc., etc.," contained in Lord Kiiigsboroiigh's 9tli volume. Since abstracts might prove 
too lengtliy, 1 merely refer to (Cnp. XXXII), on the formation of the conftideracy 
as containing some very plain and remarkable passages (pp. 218,219, and 220), among 

Kepokt Peabody Museum, II. 3G 



563 

territorial ownersliip, but onlj^ for an increase of the means of sub- 
sistence.^ 

which is one: " cestrois dynasties goiivernaient la Nouvelle-Espagnejusquai'an-iveedes 
Chretiens. Cependant, quoiquelles fussent egales en rang, en puissance et en revenu, 
il y avait de certains tributs dont le roi de Tlacopan ne recevait qix 'un cinquieme, tan- 
dis que cenx de Mexico et de Tezcuco en vecevaient chacun deux." See also (Cap. 
XXXI V, cap. XXXVI, pp. 2W and 246 ; cap. XXXVIII. pp. 2()9 and 273 ; 2(1 vol., Cap. LXXI, 
pp. 109 and 110), and others. Nevertheless, l.xtlil.xoohill reproaches bitterly Monteznma 
with having usurped the leading power which belonged to the Texcucans (according 
to him), i»nd having taken the direction of the confederacy into his hands. (Cap. 
LXXV, p. 128, to XXVI, p. 132, etc.). These charges are violently repeated in his other 
and more extensive work: '■'■ Relaciones historicas." Also in Vol. IX of Lord 
Kinsborough. As a specimen, I refer to the ' Venida de los Espaiioles" translated also 
by Mr. Ternaux under the title of •' Cruautes horribles den conquerants du Mexique." 
In regard to the war between Tezcuco and Mexico, in which he, of course, attributes the 
fullest victory to the former see also " Undeciina Itelacion" (Kingsborough, IX, pp. 407 
and 408). Ixtlilxochitl is seconded and followed by his illustrious contemporary. Fray 
Juan de Torquemada. '' Los veinteiun Libros liituales i monarchia Indiana, etc., etc' 
Edition of 1723. This distinguished ecclesiastic is such a consistent advocate of feu- 
dalism, tliat he even assigns the division of Tenochtitlan into four quarters to an 
"edict" of the " Chichimecan Emperor" Techotlalatzin (Lib. II, cap. VIII, pp. 88 
and 89), or to an order of Mexican "Lords" (Lib. Ill, cap. XXIV, p. 295). Still he is very 
plain about Tezcuco being equal and not subject to Mexico. Compare for instance 
(Lib. Ill, cap. XXVII, p. 304), •' nunca perdid su antigua estimacion, y siempre tuvo 
Rei, y Senor legitimo, que la regia. y governaba, y era igual con el de Mexico," (Lib. II, 
cap. XXXIX, p. 144), about the confederacy; (Cap. XI, p. 14()). About the pretended 
war between the two tribes (Cap. XLII, p. 149. "Y no solo no es verdad; pero es 
directamente contra ella." On the supposed intrigues of Montezuma against the Tez- 
cucans (Lib. II, caps. LXXXIII, LXXXIV, etc., etc.), until the first passage of Cap. 
LXXXVII, (p. 227), '• muerto el Rei Nejahualpilli de Tetzcuco. y entrando en su lugar su 
Hijo Cacama . . . . • corrio la confederacion de los Reies, como hasta entonces lo 
avian acostumbrado . . . ." also (Lib. XI, cap. XXVI, p.353), '• .... no deja de ser 

su igual, ysemejante el de Tetzcuco " (Cap. XXVII, p. 3.56; cap. XXVIII, p. 361.) 

Copy of Mendieta. About warfare of the Confederates (Lib. XII, cap. VI, p. 382; 
Lib. XIV, cap. I, p. 533; Cap. II, p. 537). Division of Spoils and of Tributes Idem, 
(cap. VIII, pp. 546, 547 and 548), " porque cierto es asi, qne el Rei de Mexico no era major 

en Autorldad, que el de Tetzcuco " From these, but especially from Torque- 

mada's history of the conquest, which occupies the entire fourth Book (Vol. I), enough 
can be gatliered to show that this cumbrous but important autliority admits no Mexican 
Empire, but only a confederacy of Mexicans, Tezcucans, and Tlacopans. 

Fray Agustiii de Vetancurt, " Teatro Mexicano," (Edition of 1870), admits the suprem- 
acy of the Mexicans (Parte IJa, Trat. 1°, cap. XIV, p. 291), "y remataron la fiesta que 
dando Izcohuatl por rey supremo del imperio tepaneca, por ser primero que nezahu- 
alcoyotl, y este por rey de los aculhuas, y al de Tacuba le hicieron rey de la parte de 
mazahuacan, etc ". But the confederacy '■ liga," of the three chiefs is acknowl- 
edged everywhere. (Also Trat. 11°, cap. Ill, p. 382), " cuando los Mexicauos, los tezco- 
canos 6 de Tlacopan (que eran los reyes que estaban confederados para las guerras, 
etc. ..." 

To this lengthy collection of quotations many others might be added, from the same 
period as well as of a later date. They appear to justify the proposition advanced, 
namely : none of the confederates exercised any power over tlie others, beyond that of 
exclusively military leadership, which had been awarded to the Mexicans proper. 

The conquerors never interfered with the government, organization, and mode of 
life of tribes whom they had overpowered. No attempt, either direct or implied, was 
made to assimilate or incorporate them. 

My friend Dr. G. Brulil, author of the highly interesting and conscientious work 



564 

Our investigations are therefore confined to the limits of the 
single tribe, and we have selected for that purpose the Mexicans 

" JDie CuUurvoell-er des alien Amerllca" (Cincinnati, 1876, '77, '781, has, in regard to the 
statements made in " Art of War" (p. 100, note 17; p. 133, note 152), and in " Tenure oj 
Lands'" (pp. 412 and 413, also note 56; pp. 417 and 418, also note 69), called my attention 
to a passage fi-oni Sahagnn, '■ HUtoria general" (Lib. VlII, cap. XXIV, p. 313), •' Habi- 
endo paciflcado la provincia, luego los sefiores del campo repartian tributes a los que 
habian sido conquistados, para que cada un afio los diesen al seiior que les habia con- 
quistado, y el tnbuto era de lo que en ella se criaba y se hacia, y luego elegian gober- 
nadores y oflciales que presidiesen en aquella provincia, no de los naturales de ella, 
siuo de los que la habian conquistado." Tlie author himself, however, gives the ex- 
planation of what he intends to designate by such "governors and officials who should 
preside in said province." In his 12tli Book, (Cap, II, p. 5, Vol. Ill), he says : '• La pri- 
mera vez que parecieron navios en la costa de esta Nueva-Espaiia, los capitines de 
Moctheuzoma que se Uamaban Calpixques que estaban cerca de la costa luego fueron 
a, ver que era aquello que vino, que nunca habian visto navios, uno de los cuales fue 
el calpixque de CuextecatI que se Uamaba Pinotl : llevaba consigo otros calpixques uno 
que se llamaba Yaotzin, que residia en el pueblo de Mictlanquauhtla, y otro que se 
llamaba Teozinzocatl, qne residia en el pueblo de Teociniocan, y otro que se llamaba 
Cuillalpitoc, este no era calpixque sino criado de uno de estos calpixques, y principal- 
ejo que se llamaba Tentlil." In this Sahagun about agrees with Tesozomoc (Cronica, 
Cap. CVI, CVII, CVIII, CIX), inasmuch as the latter also states the officers to have 
been calpixques, th. is, '• Stewards" or gatherers of tribute. Compare Alonzo de Molina, 
" Vocabulario," (Parte Ila, p. 12.) 

The names of these Indians who received Cortes are found nearly alike in all the 
authors, but we are struck by the fact that many of them call the natives "governors" 
of Montezuma. I quote Bernal Diez de Castillo (Cap. XXXVIII, pp. 32 and 33, Vedia, 
Vol. II) Goinara (pp. 312, 313, 314, etc., Vedia I). Ixtlilxochltl (•' Histoire des Chichi- 
mcques" Cap. LXXIX, p. 160). " Cruaut&s horribles," (p. 3.) Herrera (Dec. II, lib. V, 
cap. IV, p. 116; Cap. V, p. 117). Torquemada (Lib. IV, cap. XVI, p. 387; Cap. XVII, p. 
389, etc.). Vetancurt (Vol. II, cap. IV, p. 43). Fray Josep'i Joaquin Granados y Galvez, 
(" Tardes Americanas " Mexico, 1778, 9tli evening, p. 234). Abbate F, X. Clavigero 
(•' Geschichte von Mexico," Leipzig, 1790, a german translation of the Italian original 
which appeared at Cesena iu 1780. Vol. II, Lib. VIII, cap. V, p. 16). These governors 
tlierefore were but "calpixques," in other words collectors of tribute. This is already 
stated by Oviedo y Vald&s (Vol. Ill, Lib. XXXIII, cap. I, p. 259), speaking of Cem- 
poal, "porque los indios e miuistros, que alii estaban para mandarlos, eran oflciales e 
mayordomos de la cibdad de Mexico." The '■ Real Ejecutoria de S. M., Sobre Tierras 
y Jieservas de Pechos y Paga perteneciente a os Caciques de Axapucso, de la Jurisdiccion 
de Olumba," (Col. de Dye's, Vol. II, Icazbalceta, p. 5), calls all the Indians in question 
" enviados por cl gran Montezuma." 

This explains the evident contradictions of Sahagun. 

.It is a singular fact, but one amply proven by tlie records of the conquest, that no- 
where did the Spaniards, on their whole march from the coast to Mexico, meet with 
Mexican administrators or rulers of subjected tribes. Quotations are useless, we only 
refer to the remarkable description furnished by Bernal Diez of the events at Quia- 
huiztlan (Vedia II, Cap. XLVI, pp. 40 and 41), which culminated in the violence done to 
the " recaudadores de Montezuma." This scene, which is highly characteristic, has 
been beautilully " remodeled," through a few omi.ssions, by our own great )F. H. Fres- 
cott (" IJistory of the conquest of Mexico," 1S69, Book II, chap. Yll, p. 349). Tliere is, 
finally, abundant proof of the fact that neither the Mexicans, nor any of their confed- 
erates, ever attempted to change or subvert the organization and mode of government 
of any of the tribes whom they overtlirew. 1 refer to Oviedo y Valdes (L,ih. XXXIII, 
cap. XLVI, p. 502). Torquemada (Lib. XIV, cap. VIII, p. 547). Ixtlilxochitl (Histoire 
des ChidiinitSques, ,(Cap. XXX VlII, p. 273). Andres de Tdpia (" lielacion sobre la Conqztista 



565 

proper, who dwelt, as elsewhere established b}' us, on the partlj' 
artificial islands in the lagune of the Mexican valley.'^ Besides 
the prominence acquired by them in the annals of history, it may 
safel}^ be assumed that, in a general manner, their Institutions are 
typical of those of other sedentary tribes. ^ 

Tribal society, based according to Lewis H. Morgan upon kin, 
and not i^oUtical society which rests, according to the same author, 
upon TERRITORY and property, must therefore be looked for among 
the ancient Mexicans. It remains for us to establish its degree 
of development, its details, and the manner of its working. 

In order to comprehend the true nature of these questions, we 
should secure as much information as possible of the past of the 
tribe under consideration. Institutions are never wilfully or acci- 
dentally created, but evolved ; in other words, they are the result 
of growth in knowledge and experience.^ The great difference 
existing between tribal society and political is explained as a dif- 

de Mexico,^' Col. de Doc, Vol. II, Icazbalceta, p. 561, and especially p. 592), " Mexico 
tenia en sii tiempo en el hacer giierra esta orden ; que yendo a la guerra, al que se daba 
de paz no tenia sobre el tributo cierto, sine que tantas veces en el aiio lo llevaban pre- 
sente a su discrecion del que lo llevaba; pero si era poco niostrabales mal rostro, y si 
nuicho agradeciaselo. Y en estos no ponia mayordomo ni recaiidador ni cosa; el sefior 
se era sefior. Los que tomaba de guerra decian tequitin tlacotl, que quiere decir, trib- 
utan eonio esclavos. En estos ponia mayordomos y recogedores y recaudadores; y 
aunque los Senores mandaban sn gente, eran debajo de la mano destos de iMexico . . . 
. ." Motolinia (Trat. Ill, cap. VII, p. 185), Granados y Galvez. (5tli night, p. 168), a 
singular picture of purest feudality, for which Gomara may be responsible in pari. 
Ramirez de Fuenleal {Letter ofith Nov., 1532, 1st ; " Recueil," (pp. 215, 246, and 247) . Zur- 
ita ■' liapport," (p. Ki), to be compared with Mendieta and Torqueniada. 

Consequently there was no tendency towards nniflcation or nationalization in all the 
succcssUil and extensive raids which the Nahuatlaca of the valley ol Mexico carried 
on for a full century. No organic body, larger tlian the tribe, resulted from these san- 
guinary forays; because the confederacy itself was not the end, but the beginning of 
these undertakings. This justifies the view which I shall hereafter advocate in regard 
to tlie nature of that confederacy namely: as a mere partnership to caiTy on tlie busi- 
ness of warfare the latter in turn being pai't of tlie mode of subsistence. 

6 " Based upon territory and property " according to L. H. Morgan, in contra-distinc- 
tion to tribal-society, based upon "Kin." (•' Ancient Society," chapter 11, page 62). 

^•'■Art of War," p. 95. 

' "Art of War," p. 150. '' Tenure of Lands," pp. 421, 422. 

^^' Ixtlilxochitl ( Histoire des ChichimSques," Cap. XXXVI, p. 245). "Ainsi, tout 

ce qui se dit de Tezcuco doit s'entendre aussi des deux autres " Gomara (p. 440, 

Vedia, I). ''To speak of the Mexicans, signifies as much as speaking of all New 
Spain." The title of the section is : " Costunibres de los hombres," and tlie original text 
reads: '"Hablando de mejicanos, es hablar en general de toda la Nueva-Espaiia." 
Although Zurita (p. 5) insists upon the variety of customs among the aborigines,— 
changing from settlement to settlement, from tribe to tribe, — his own report furnishes 
the proof of the contrary, and it is evident from the text that he alludes principally to 
the diversity in languages and dialects. 

^Morgan ("■Ancient Society," Chap. I, p. 6). 



566 

ferent state of progress. But Institutions have grown out of the 
relations between the sexes, and the increase of the human species 
and its propagation. Had political society existed in Mexico, we 
should be entitled to find there a plain and definite conception of 
the family. I*' Whether such is the case a glance at the system of 
consanguinity of the ancient Mexicans, as far as it may be possi- 
ble, will tell us. 

Among American aborigines of low culture, in fact over the 
widest area once held by the "Indian" race, "mother-right" ruled 
supreme. The tangible fact, coarsely expressed, that a child was 
always sure of his mother, whereas it might not be equally certain 
of h.\s father, ^^ created in course of time and with increased num- 
bers a tendency to aggregate into clusters whose basis was cer- 
taint}^ of descent in common. These clusters were the kins, 
significantly termed "lineages" by Spanish authors. Such as 
traced back their descent to a common mother therefore composed 
one of these, regardless of their male procreators. The family — 
consisting of a group which includes children as descendants of 
hotli parents — was not yet recognized, and the kin took its 
place for all purposes of public life. It formed the unit of social 
organizatioyi. With the growth of knowledge and experience how- 
ever, and a corresponding increase of wants, the importance of 
man rose correspondingly. " Mother-right " began to yield ; female 
descent to change to " descent in the male line." Nevertheless 
the kin remained the unit of social agglomeration, with the only 
difference that it was reckoned through males instead of hj fe- 
males. It required the final overthrow of the kin as a public In- 
stitution to bring about the present shape of that intimate group, 
the family, among the most highly advanced nations. ^^ 

The two extremes of growth of the famil^^ as characterized by 
the inception of the kin, and by the family after the obliteration 

^"{Ancient Society," Chap. ir. p. 78.) For Uie so-called "Descriptive System of 
Relalionsliip," compare. L. H. Morgan (•' Systems of Consanguinity and Affinity of the 
Human Family,'^ Cliap. II, pp. 10, 12, lo). 

iiTliis assertion is found in various authors. I shall quote but one: Gregorio 
Garcia, (" Origen de los Indios de el Kuevo Mundo e Indias Occidentales," second 
edition, 1729, Madrid, Lib. IV, Cap. XXIII, p. 247). 

'2 Although it is entirely out of the line of these researches to enter upon a dis- 
cussion of Trimitive Marriage, I was compelled to refer to the question of kin in such 
a manner as to explain at least Uie importance of that group in the history of society. 
For anything else, the works of Mr. Morgan, Sir Henry S. Maine, Jolin F. Mc Leunan, 
and some publications of Dr. Ad. Bastian, should be consulted, besides a great number 
of others too numerous to mention here. 



567 

of the former, are distinguished by the terminology of relationship. 
In the case of the former, relatives are at once classified ; in the 
latter instance, the}' are merely described. Now, our investiga- 
tions of the customs of Inheritance among the ancient Mexicans 
have led us to the conclusion that they had already achieved 
progress to descent in the male line.^^ Actual family existed among 
them in its incipient form at least. 

But we meet here with a singular feature in designating rela- 
tionships. Ascending from the " Ego," as point of departure, we 
find the following terms in the Mexican (Nahuatl) language. 

Father : ' ' tatli " — " teta." ^4 

Brother of father or mother (paternal or maternal uncle) : 
" tlatli " — " tetla." 15 

Grandfather: "tecul." Granduncle : "tecol.''^^ 

Great-grandfather : " achtontli." ^^ 



13 " Tenure of Lands " (p. 429, note 106). 

1* Molina (•' Vocabulario," Part la, p. 91 ; lira. pp. 100, 91). Besides the plural " tetatzin," 
the names, " yzcacauhti," " teizcacauh," are also mentioned (I, p. 91). The former is de- 
fined (H, p. 48) as "natural father." It derives from " Izcalia" or " ninoizcalia" — " to 
give life" and "acauhtli." The latter eviilentl}' is an abbreviation or corruption 
from "nitla teachcanhaia" — " to be preferred in what is distributed, or in a distribu- 
tion" (IF, p. 2), which in turn is at the root of " teachcauhtin " — " elder brother" (II, 
p. 91). It is superfluous here to quote authorities in support of the fact that " ach " is 
frequently corrupted to "ac," or the inverse. In Cakchiquel: "Tata" See Brasseur 
de Bourhourg (" Grammaire de la Langue Quichee, etc." pp. 217, 218). The root " Ta " is 
also found in other Indian idioms, See: Gatschet {Zwblf Sprachen aus dem Sudwesten 
Nordamerikas," p. 187). 

^^ Molina (I, p. 180; II, p. 140.) All the difference consists in the insertion of 
the letter "1" after the " t." "Tetla" is but an abbreviation of 'Te-tatli," from 
"Tchnatl" thou, p. 94, and father, which is also shown in the alteration of "tatli" to 
" tayta " or " tata; " the name given by childi-en to their father (p. 91, II). Cori'esponds to 
the qquiche " tat " (Brasseur de Bourbourg, " Grammaire, etc." p. 218), and to the 
Muysca " Ze paba" ("Paba" father). Morgan after Uricoechea {'' Systems of consan- 
guinity," p. 265). 

^^ Molina (IJ, p. 94; II, p. 93). Here again the change from "n" to "o" appears, 
which is so frequent among older authors. For inst., Tezcoco and Tezcuco, OmetochtU 
and OmetuchtU, Tlacopan and Tlacalmapan. Olli and Ulli, etc. etc. Such changes are 
very excusable, they proceed from the Indian pronunciation of vowels. On this 
subject compare, although it concerns properly but the Qquichua idiom of Peru, the 
excellent essay of Senor Don Gavino Pacheco y Zegarra of Puno, entitled ''Alphabet 
phonetique de la langue Qquichua," published in the 2nd volume of the " Compte Rendu 
du CongrSs International des A7nericanistes," at Nancy, in 1875. He says (p. 303) 
" D'autre part, le kehua differant cssentiellunent des langues romanes, surtout en ce 
qui concerne les sons elementaires, il est impossible de donner une idee exacte deces 
sons au moyen du seul alphabet latin. . . ." In regard to " O " and " U," see pp. 306, 
307, 308. etc. What the author says of the Qquichua applies exactly to the Nahuatl also. 
See Molina {" Prologo y Avisos," 3d page " Aviso septimo"). 

^T Molina (I, p. 117; II. p. 2). Literally, "little preferred one." Compare Sahagun 
(Lib. X, cap. I, p. 5, 3d Vol). 



568 

Mother : " nantli " — " tenantzin " — " teciztli." i^ 
Aunt : " auitl" — "teani."i3 
Grandmother as well as grand-aunt : " citli." ^o 
Great-grandmother " piptontli." ^i 
Descendmg from the " Ego." 

Son: "tepiltzin," " tetelpuch." But the women (mother, 
sisters, etc.), call him *■' noconeuh." ^^ 

^^ Molina (I, p. 80; II, pp.63, 92, 98). "Ciztli" is probably the same as "Citli," — 
hare, or grandaunt. The fact that the "same name should be given to a near female 
relative or even to the mother, and to a fleet, timid, quadruped, is very singular. It 
may be that the timidity of the animal has given occasion to bestow the name, or, 
since hare's hair was frequently woven into fine mantles, together with feathers, that 
this also may have given rise to it. The latter is first mentioned by Peter Martyr, of 
Avghiera, " /)e nouo Orbe," or the '■' Historie of the Wext Indies, etc, etc." London, 
1612. An English translation by Michael Lok and Richard Eden, of the famous 
" Decades," also entitled " De liebus Oceanicis," (Dec. V, cap. X, p. 229), he mentions 
having seen among the objects brought to the court of Spain by Juan de Ribera, gar- 
ments; "they compact of Conies haii-e, and they set these feathers in such order 
between the Cony haire, and intermingle them between the thriddes of the cotton, and 
weave them in such difficulty, that we do not well understande how they might do it." 
Sahagun (Lib. XI, Cap. 1, p. 157) mentions another animal to which the name "cioatla- 
macazqui" is given, which he translated '• little old woman," basing upon its other 
designation of " tlamaton." 

Tlie reverend father is, however, in error. The first name signifies literally, 
" woman medicine-man," or " female doctor " (Indian notion of course), and the second 
"little medicine-man," from "ciuatl" woman, Molina, II, p. 22, "tlania "—medicine- 
man, (II, ]2.'i). This animal seems to be the Raccoon, as the following quotations 
prove: Joannis Eusebius Nieremberg, (" Hibtoria naturce maxince peregrime." Antwerp, 
1635 Lib. IX, Cap. XLII, p. 175). "Antra canitates montium atque eollium Tzozocoloi 
hospitatur animal peregrinum, quod cuncta manibns praetentat. Mapach ab Indis 
dicitur, eed non flrmo nomine; alij illamaton sen vetulam appellant, alij maxtle seu 
gossypinum cingulum, alij cioatlamacazque seu sacerdotissam." Oviedo y Valdes 
(Lib. XII, Cap. XXXIX, p. 422), he calls "Cojumatle," an animal which is probably 
the Coati, makes no mention of the "mapach," but Clavigero (Lib. I, Cap.X, p. 76) 
treats of this animal fully. 

The naming of a female relationship, "Citli" appears the more strange, as this 
name is given, in the Mexican mythological tales, to a god who tried to compel the 
sun to move, and lost his life in the attempt. This story is due to Andres de Olmos, 
neither Sahagun nor Motolinia mention the occurrence in this manner. Compare 
Sahagun (Lib. VII. Cap. II, p. 245, etc., etc.); Mendieta (Lib. II, Cap. I, pp. 77, 78) and 
Torquemada (Lib. VI, Cap. XLI, p. 76). Both refer it to his authority. We shall refer 
to it in our essay on " Creed and Belief." 

■ ^^ Molina {I, 113; II, 9,91). 

20 Molina (I, 113 ; II, 22). See note 18. 

2' Molina (I, p. 117; II, 82). There is also, " nipipinia"— " pararse flaco de vejez," 
and " Pipinqui ynacayo" — " viejo flaco y arrugado." The affix "tontli" is a 
diminutive. 

"^-Molina (I, p. 71). A singular etymology is shown here: The man says, 

<"Thy i, „ C"r% } „ „ „ _, ..^ . „ ,._, ,, , „Cfrom "Tehuatl" 
< > boy" or? "^ S youth." ("Te-piltzm"— " Te-telpuch"< „^ „ 

\ Their S i" Their y ^ ^or "Te" 

■ 1 J"" „^i»icl " Piltzintli," child, male or female, (II, p. 82,) and " Telpochtli," youth, (p. 
"their' J 

9G). The woman, however calls : " my child " (or boy, since the same name is for both 



569 

Daughter: "teichpuch," "tepiltzin." Women call her "tecon- 
euh." 23 

Grandson or granddaughter, male or female cousin, are called 
alike, to wit: "yxiuhtli" — " teixiuh."24 

Nephew and niece are called: "machtli" — "temach" by the 
males. The females however address them : " nopilo." ^^ 

This brings to light some very curious facts. 

In the first place, the following grades of consanguinity are 
called by the same names respectively : grandfather and grand- 
uncle, grandmother and grand-aunt, father and uncle, grand- 
daughter, grandson and cousin, nephew and niece. 

sexes), from "conetl" — "nifio o niiia" (II, p. 24), and the possessive pronoun "no" 
according to H. H. Bancroft. " Native Races of the Pacific States." (Vol. Ill, Cap. IX, 
p. 734), or "noca"— "of me" {Molina, II, 72). These are, however, not the only 
appellations. We have besides : 

Children of both sexes and grandchildren, collectively: "tepilhiian, teixhuan" 
(I, p. 71). The first one is easily decomposed into "te" theirs, "piltzuitli" child, 
and a possessive affix "huan" Bancroft {"-Native Races," Vol. Ill, Cap. IX, p. 
732). 

Oldest son or daughter "teyacapan" "yacapantli" (p. 71, 1). From " nicyacatia," 
to be the first or leader (II, p. 22), "yacatl" — nose probably on account of its 
protubei'ance, (II, p. 22). 

Second son or daughter, " tlacoyeua " " tetlamamallo " (p. 71, I). The first one 
might possibly derive from " centlacol " — one-half (I, p. 83), since Molina adds 
(II, p. 118), "el segundo hijo 6 hija, o de tres o quatro engendrados 6 nacidos." The 
etymology of the other, if correct, would be singular. It is either from " tetla" uncle, 
and " tetlan niha mamali" "hender, meterse entre muclia gente" (II, p. 52), or from 
"te" their and, "Tlamama" carrier of a load (II, p. 125). In both cases it indicates 
an inferior position. 

Youngest son or daughter "xocoyotl" "texocoyouh" (I, p. 71). Definitions too 
doubtful. Finally, there are the surnames, or caresses, like, "cuzcatlquetzalli" — 
collar of changing green hues, — " tecuzcauan" — "tequetzalhuan " (I, p. 71), which all 
have the same significance, in a general way, of "precious gem" or "jewel." These 
metaphorical names are found profusely in Tezozomoc (" Cronica Mexicana.'') 

The fact, above noticed, that wliile men, if strangers, address boys, "their boy," 
while women call them " my boy," is peihaps significant. It might be a lingering 
remnant of " mother-i-ight." 

23 Molina (I, 71), derives from ^' Ichpocatl" (girl, II, p, 32.) So far teichpeuh,— the 
other two are already explained. 

^* Molina (I, pp. 88, 98). But there is also. "Nieto 6 nieta dos vezes," "ycutontli" 
"teicuton." Now, according to the same authority (II, p. 34), the older brother or 
sister calls the younger " n. icuh " (" n " as abbreviation to " no "). Consequently, the 
signification would be, " little younger brother or sister." 

25 Molina (I, p. 109; II, 51, 73). In this case the woman again calls them " my child" 
(" no " my, and " piltzintli " child). The custom of giving different names to relation- 
ships, by women and by men, is found in Peru among the Qquichua and Inca. 
Compare Garcilasso de la Vega, '■^ Histoire des Incus Rois du Perou." (French trans- 
lation from the original Spanish, by J. Baudouin, Amsterdam, 1704. Lib. IV, Cap. XI, 
Vol. I, pp. 359, 360). J. J. von Tschudi (" Peru" Reiseslcizzen, St. Gall, 1846, an excellent 
book. Vol. II, Cap. X, p. 380). A similar custom also appears in New Granada among 
the Muysca. L. H. Morgan (" Systems of Consanguinity, etc.." p. 265, after Uricoechea). 



570 

Secondly, the relationships in the descending scale are more 
closely described than those in the ascending scale. 

Thirdly, in some instances women give different names from 
those given by men. 

It results from it, that the classificatory system still, to a great 
extent, predominated in the ancient Mexican nomenclature for re- 
lationship, while the more modern descriptive system appears in a 
minority of cases only. This leads to the inference that the Mex- 
ican family itself was yet but imperfectly constituted. It was not 
yet so established as to form a definite group and hence cannot be 
expected to exercise any influence in the matter of public social 
life. We are, therefore, again justified in looking to the kin as the 
unit of social organization, within the limits of that widest aggre- 
gate, the tribe. 2^ 

Traditionary tales about the earliest settlement of man in Mex- 
ico as well as in Central America, distinctly ascribe it to " lineages " 
or relationships. The ti'ibe is merely implied, and appears in a 
definite form only after this settlement has already occurred. 

The " Popol-Vuh," or gathering of the cosmological and tradi- 
tionary records of the QQuiche tribe of Guatemala, after enumer- 
ating the four wives of the four first men created, even says : 
"These [their spouses], engendered mankind, the large and small 
tribes : and they were the stock of us, of the QQuiche tribe." 
This indicates, perhaps, descent in the female line at a very early 
date.27 

2« Dr. Adolplms Bastian, " Ueber die Eheverhdltnisse" (" Zeitsclirift fAr Ethnologie," 
Berlin, Vol. V, 1874) presupposes a family, definite and distinct: "Aus der Elie, alts 
erster Kreisung der Gesellschaft geht die Familie hervor, in ausgedehnter Peripherie 
als gens (unter Erweiternng diirch die Agnaten) aus ursprusnglichen Patriciern; wo 
der Clan unter Aufuahme flctiver Venrwandten und zugehorigen seinen abschluss 
untcr den Patriarclien bewahrt." Such views offer a sufficient explanation, when 
applied indiscriminately to the inhabitants of (dl the continents, why the organization 
of some aborigines of this continent is still regarded as monarchical. The nature and 
functions of the Indian kin are completely misunderstood and proportionately misrep- 
resented. (See also Id., p. 396.) 

s'^" Popol- Vuh" (Translated from the original QQuich6 by the Abbe Charles Etienne 
Brasseur de Bourbourg. Paris, 1861, Part III, cap. Ill, p. 205). " E pogol vinak, chuti 
amag, nima amag; are cut u xe kech, ri oh Queche-vinak ; tzatz cut x-uxic ri Ahqixb 
Ahqahl); mana xa E cahib chic x-uxic, xere cahib ri qui chuch oh quiche vinak." Mr. 
Brasseur translates " vinak " alternately as men, tribes, and nations. According to his 
own vocabulary, however, it means but "man" or "the increase" (See " GraOTmaire 
QQuic7ie," p. 233). In his translation of the " Rabinal-Aclii " (" Grammaire " First Scene, 
pp. 27 and 35, and other places), "vinak" is also rendered as chief. But tlie true 
QQuiche word for tribe is •' amag" ('• Grammaire," p. 167). This alters the sense to the ex- 
tent that instead of "QQuiche tribe " it should read "men of QQuiche" or rather "QQuiche 



571 

The first settlement of Chiapas is ascribed, in the tale of Votan, 
to seven families. ^^ But there is still another and more remarka- 
ble tradition connected with it. Like the Aborigines of Mexico 
of Nahuatl stock, the Tarasca of Michhnacan, the Maya of 
Yucatan, and the QQuiche, Cakcldquel and Zutuhil of Guatemala, 
the Aborigines of Chiapas had a month composed of twenty da^'s, 
bearing each a particular name. It is positively asserted by very 
old authority, that these twenty days were named after as many 
chiefs of an equal number of lineages or kins, the latter being 
the earliest settlers of the country. Furthermore, among these 
twenty names, four are everywhere prominently distinguished. 

men." The last words " xere caliih ri qui chuch oh Quiche vinak," are literally: 
'• though four these (which, who) certaiiilj' (surely) mother us (we) QQuiclie men." 
Tlie note by the celebi'ated Abbe (p. 207, note 3), in which he states that " mother" is 
olten applied to chief, finds a parallel in many passages of Tezozomoc when the tribe 
is also addressed as fatlier and mother. Also Durdn (Cap. XV, p. 1'27). 

The creation of these four men and four women immediately precedes, in the Popol- 
Vuh, the tale of the first sacrifice and the distribution of the idols, and is distinctly 
stated as having occurred during the time of obscurity, the morning star being their 
only guide and most brilliant luminary (■• Popol- Fuh," pp. 209, 211, and 213). Now an 
analogous tale is told by Sahaguii (Lil). VIE, cap. 11, p. 248, etc.), about the first appear- 
ance of both sun and moon. The Gods <lisputed aboutthe place wliere the twocelestial 
bodies would i-ise, and foui' of them, together with four women, looked to the east for 
their coming. The QQuiche tradition ',p. 207), i)laces the coming of these first people 
also in tlie East. It appears to be, therefore, a tradition originally common to the 
''Nahuatl" and to the "QQuiche," and its bearing upon the question at issue becomes 
still more prominent. 

2« The two leading sources on Chiapas namely: Ntmez de la Vega ('' Constitution 
cliocesana del Estado de Chiapas, Roma, 1702), and Fray Antonio de Jieniesal {" Historia 
de la Provincia de Chyapa y Gtiatemala de la Orden de Santo Domingo," l(il9), not being 
at my command now, — I can but refer the student to them, and to tlie following works 
besides : Lorenzo Boturiiii Benaducci (" Idea de una Nueva Historia General de la Amer- 
ica Septentrional,'" Madrid, 1770, § XVI, p. 115, copying Nuiiez de la Vega, 3f, § XXX), 
Mariano Veytia y Echeverria {^'Historia antigua de Mejico," 1836, by Ortega, Vol. I, cap. 
IF, p. 15). Clavigero (Lib. II. cap. XII, pi). 164 and 165^. Paul Felix Cabrera ('• Teatro 
critico Americano," german translation by Lieut. General J. H von Mimitoli, incorpor- 
ated in the latter's book. '• Beschreibung einer alien Stadt, die in Guatimala {Neuspanien) 
unfern Palenque entdeokt ivorden i?t," p. 30. etc., after Vega also). Brasneur de Bourbourg 
{"■ Popol- Villi" Introduction, pp. LXXIII, LXXXVII, CXII, etc). Alex, von Humboldt 
(" Vues des Cordilleres et monuments des peuples indigSnes de V Amerique," 1861, Vol. I, 
pp. 382 and 383; II, pp. 356 and 357). Bancroft, H. H., (Vol. Ill, cap, X, pp. 450 and 454; 
and especially Vol. V, cap. HI, from p. 159 on). As usual, very full and valuable, al- 
though he does not mention any source older than Nunez de la Vega. Finally, A. 
Bastian ('• Die Culturlaender des alten Amerika," 1878, Vol. II, pp. 360 and 362). The 
latter says that Votan found Chiapas already peopled. This is not confirmed by what 
I know of Vega and of the other (later) authority Don Ramon Ordonez y Aguiar ("His- 
otria de la Creadon del Cielo y de la Tierra" MSS. at the " Museo Nacional " of Mexico). 
Volan was " sent to divide and distribute the land" Cabrera says {"Beschreibung, etc.," 
" Teatro," p. 33), basing upon verbal communications of Ordonnez y Aguiar: "He 
(Votan) assures, that he brought seven families to this continent, of Valum Votan, and 
assigned land to them." 

2* 



572 



They not only indicate the first day of each " week " of five days, 
but they also designate the years of the calendar. It is well- 
known that the largest authentically established cycle of Central 
American and Mexican natives consisted of 52 years, that is of 
a thirteen-fold recurrence of the same series of four, named alike, 
respectively as one of the four initial days of the weekly indic- 
tions. This peculiarity, coupled with the positive description fur- 
nished in the "Popol-Vuh" of the segmentation of four original 
kins into a number of smaller ones, and with the fact that nearly 
every aboriginal settlement, at the present time, divides into four 
principal groups of inhabitants, becomes suggestive of the infer- 
ence, not only that the consanguine group was the original type 
of social organization at the remotest period, but that the ethnog- 
raphy of Mexico and Central America may even be derived from 
a segmentation of primitive kins, and reassociation of these frag- 
ments into tribes, under the influence of time and mutation of resi- 
dence, dialectical variation aiding.^a 

29 Without quoting superfluously to prove well-known facts -household words so to 
say in Mexican and Central- American archaeology -we will place side by side the 
names of tlie days of the Mexican, Nicaraguan, Yucatecan, QQuiche, Chiapanecan, and 
Tarascan montli. 



Mexican, 

Cipactli, 

Eliecall, 

Calli, 

Cuetzpalin, 

Cohuatl, 

Miquiztli, 

Mazatl, 

Tochtli, 

Atl, 

Ytzcuintli, 

Ozomatli, 

Malinalli, 

Acatl, 

Ocelotl, 

Quauhtli, 

(Jozcaquauhtli, 

Ollin, 

Tecpatl, 

Quiahiutl, 

Xochitl. 



Niquiran. Tarascan. 



Cipat, 

Ecat or Hecat, 

Cali, 

Quespal, 

(;oat, 

Missiste, 

Macet, 

Toste, 

At. 

Yzquindi, 

Oconiate, 

Malnial, 

Acato, 

OQelot, 

Gate, 

Coscagoate, 

Olin, 

Tapecat, 

Quiaiiit, 

Sochit. 



Inbeari, 

Inthaati, 

Inbani, 

Inxicliari, 

Inchiui, 

Inrini, 

Inpari, 

Inchon, 

Jnthahui, 

Intzini, 

Intzoniabi 

Intzniil)i, 

Inthiliui, 

Inixotzini, 

Inicliini, 

IniaUi, 

liitaniri, 

Inodon, 

Iniubi, 

luettuni. 



Maya. QQuiche. 



Imox, 

Is. 

Akbal, 

Qat 

Can, 

Carney, 

Quich, 

Ganel, 

Toh, 

Tzy, 

Batz, 

Ci, 

Ah, 

Itz, 

Tziquin 

Ahm:ik, 

Noh, 

Tihax, 

Caok, 

Hunahpu. 



Ymix, 

Yk, 

Akbal, 

Kan. 

Chicchan, 

Quimij. 

Manik, 

Lamat, 

Muluc.j 

Oc, 

Cliuen, 

Kb, 

Been, 

Gix, 

Men, 

Quib, 

Caban, 

Ed/.nab, 

Cauac, 

Ajau. 



TZENDAL. 

Chiapas and 
Soconusco. 



Imox, 

Igh, 

\'otan, 

Chanan, 

Abah, 

Tox, 

Moxio, 

Lara bat, 

Molo, 

Elab 

Batz, 

Evolj, 

Been, 

Hix. 

Tzibin, 

Chabin, 

>.,hic, 

Cliinax, 

Cahogh, 

Aghual. 



The four leaders (as I may be permitted to call them), are respectively : In Mexico, 
TochtU, Acatl, Tecpatl, CaUi. In Michhuacan, Inchon, Inthihui. Inodon, Inbain. In 
Chiapas, Fotan, Lambat, Been, Chinax. In Guatemala, Akhal, Ganel, Ah, Tihax. 
.Finally in Yucatan, Kan, Muluc, Gix, Cauac. 

.1 have not the means of discussing the Tarascan calendar of Michhuacan; it is suf- 



573 

It is not surprising tlierefore if, of ttie earliest traces whicli are 
met with concerning sucli Aborigines as spoke tiie "good sound" 



flcient for my purpose to establish its identity, in system, witli the others. The Nicar- 
aguan days are corruptions of the Mexican names, tlie " Niquiran " being a " Nahuatl " 
dialect. 

Taking now the four remaining groups, we place opposite to each word its transla- 
tion or interpretation so far as I c^n trace it, which is of course not always possible. 




For the interpretation, as above attempted, I have consulted the following very 
limited number of anthovs : — Brasseur de Bourbourg {'^ H elation des choses de Yuc 
atan, etc." " Popol- Vuh" •' Granimaire Quiche," " Ruities de Palenque,") H. H. Bancroft, 
(Vol. II and III). Orozco y Berra, (" Geografiu de las Lenguas,") and other sources. 
Mr. Bancroft translates the QQuiche "akbal" by chaos. I would suggest " household," 
basing upon the following note of Mr. Brasseur: {•' Chronologia antigua de Yucatan, 
etc.," por Don Juan Pio Perez in "Choses de Yucat:in," p. 375). '^ Akbal, mot vielli qu' 
on retrouve dans la langue Quiche avec le sens de marmite, vase, peut etre le meme que 
le mot con ou CO mitl des Mexicaius." Sr. Perez says about the word: "desconocido : 
tanibieii se halla entre los dias chiapanecas, escrito Aghual," (p. 374). In this the learned 
Yucatan is mistaken, for Aghual corresponds to the 3Iaya and QQuiche '"Ajau" or 
" Ahau." Now the pot or rather kettle, was distinctly connected with the liousewife, 
and the word "Akbal" being, as the Abbe tells us, out of use, tlie suggestion that it 
may have been used to indicate something like the iSlexican "Calli" — house,— is at 
least permitted. 

I have deliberately translated " Kan " by snake, instead of by " cord of henneqnen " 
as Pio-Perez has it (p. 372). Compare note 1 by tlie Abbe. 

Manik is interpreted by Pio-Perez as follows: " es perdida su verdadera acepcion ; 
pero si se divide la espresion man-ik viento que pasa, quiza se entendcria lo que fue." 
If this is accepted, then the signiflcatlon might be: "fleetness," " swiftness," or "rap- 
idity," — some of the attributes of the deer, whicli is the corresponding sign in both tlie 
Mexican and QQuiclie. 

Cluien, for the reasons indicated by Brasseur (note 3, p. 372 of " Chronologia, etc.,") 
should be " monkey," as well as in the tliree other idioms. 

In regard to "Gix" Sr. Orozco y Berra (Part II, V, p. 103), copies the three inter- 
pretations of Don Pio-Perez, one of wliioh amounts to "tlie act of plundering or rob- 



574 

01- " Nahuatl " language in Mexico, we gather tlie information that 
the}^ started off in bands constituting " lineages " or kins. This 

bing a tree." Might there be any vague connection between this and the Mexican 
" Ooelotl " or beast of prey ? 

The word "Caiiac" is mentioned as "desconocido" or disused. Still the analogy m 
sound with the QQuiche "Caok" rain, is striking, as well as with the Tzeudal 
'< Cahogh" and finally also witli tiie Mexican " Quiahuitl." 

In regard to the calendar of Chiapas, I regret to say that the material at my com- 
mand is by far too limited to venture much of an interpretation. Not one of the few 
Tzendal vocabularies or Grammars yet existing is witliin my reach. Still I must 
note here : " Chan" in Tzendal signifies Snake, therefore my translation of " Chanan." 
Brassezir de Bourbourg (" Eecherches sur les Ridnes de Palenque," Cap. II, p. 32, notes 4 

and 5). 

'' Abah" probably Stone (" Palenque," p. 6.5, note 5). 

"Batz " as monkey, is identified with the three other signs of the same day by Bras- 
seur {" Popol- Vuh," Introd. p. CXXXV, note 5, Part II, cap. I. p. 69, note 4). 

Furthermore, the signs Imox, Igh, Hix, and Cahogh are, in sound at least, analo- 
gous, if not identical, with the corresponding signs of the QQuiche and Maya calen- 
dars, and the signs Lambat, Molo, Been, and Aghual, are nearly alike to those of 
the same days of the Maya alone, whereas, Tzibin reminds of tlie Tziquiu in QQuiche. 
Taking now the Mexican calendar as a basis, we cannot fail to notice : 
(1). That fifteen of its signs are identical with those of the QQuiche. 
(2;. Three are absolutely identical with signs of the Maya, and ftve more are 

presumably identical also. 
(3). Two are identical with signs of the Tzendal, and two more presumably so. 
Therefore our assumption appears justified, tliat:— 

(I). The Mexican and QQuiche names of tlie days have a common origin. 
. (2). That the same is likely in regard to the Maya, since the Maya and QQuiche are 
regarded as belonging, linguistically, to tlie same stock. 
(3). That a presumption in favor of a similar relation towards the Tzendal of 
Chiapas may be admitted since, besides the four signs recognized as common to both 
calendars, there are at least eight more which, in sound, are identical with others of 
the Maya and QQuichfe. 

I feel authorized, consequently, to conclude :— 
. (1). That the names of the days given by tlie four linguistical clusters above stated, 

were probably, originally identical. 
(2). That these names, tlieielore, had a common origin. 
This origin is stated as follows : — 

Mendieta (Lib. IV, cap. XLI, p. .'^37), "and these Indians affirmed, that in ancient 
times tliere came to this land twenty men, and the chief of them was called Cacalcan. 
.... This writes the liishop of Chiapas. . . ." This bishop of Chiapas was Fray 
Bartolome de Las Casas, wlio, in the 31SS., " Historia opologetica de Indias" iV oh III, 
cap. 124), appears to be move detailed. I quote Las Casas from Brasseur and from 
JSr. H. Bancroft, (Vol. 3, p. 465), wliere lie says (Cap. 123),— the MS. .tself not being 
accessible to me. Now it is commonly admitted, and this admission (wliether correct 
or not) is so general, that no quotations are needed in evidence, that Cuculcan or 
Cocolcan is identical with the Mexican Quetzalcohuatl. To Quetzalcohuatl, however, 
IS attributed the formation of the Mexican Calendar. {Torquemada, Lib. VI, cap. 
XXIV, p. 52. Mendieta, Lib. II, cap. XIV, pp. 97, 98.) 

In regard to the origin of the Tzendal Calendar, the tradition is very clear. 
Boturini (" Idea, etc.," § XVI, pp. 115 to 121). Quoting A'-unez de la Vega (32, § XXVIII 
of the " Constitucion Diocesana ") '• y prosigue el Prelado diciendo, que al que llama' 
ban C'osldhuntox {que es el Demonic, segim los Indies dicen, con trece potestades) le tienen 
pintado en Silla, y con hastas en la cabeza como de camera, quando dicho Coslahiintox 
se ha de corregir en Ymos, 6 Mox, y no esta puesto en el Kalendario por Demouio, 



575 

was the case with the so-called " Toltecs," 3" and with all their 
successors, such as the " Tezcucans," " Tecpanecans," and others, 
including the ancient Mexicans?^ 



slno por cabeza de los veinte Seiiores, Symbolos de los dias de el Aiio, y assi viene S. 
ser el primer Synibolo de ellos." (See also Idem, pp. 118, 119, quoting Nimez de la 
Vega, 33, 3i, and 35). '' concuerda el Systema de los Kalendarios de Cliiappa, y Soco- 
nusco con el Tulteco, .... pues en lugar de los quatro Cai-acteres Tecpatl, Calli, 
Tochtli, Aoatl, se sirven los de Chiappa de quatro Figuras de Seiiores, Votan, Lambat, 
Been, y Cliiuax, etc., etc." 

Clavigero (Lib. II, cap. XII, p. 164). "The Chiapanecs, if we can place any reli- 
ance upon their traditions, were the first settlers of the New World. They claim that 
Votan, the grandson of the venerable old man who built the great ark in order to save 
himself and his lamily during the deluge, and wlio was one of those wlio erected the 
high building that reached into the clouds, set out by special command of God, to 
people the country." Adopted and quoted also by Seiior Don Francisco PimenteU 
(" Cuadro Descriptivo y Coniparativo de las Lengiias Indigenas de Mexico," 1865, Vol. II, 

p. 232.) Clavigero (Lib. VI, cap. XXIX, p. 412, Vol. I) "The Chiapanecs . 

instead of the figures and names of the rabbit, cane, flint, and iiouse, used the names 
Votan, Lambat, Been, and Cliinax, and instead of the Mexican names of the days, they 
adopted those of twenty celebrated men of their ancestry, among which the four 
names above mentioned took tlie same place as among tlie Mexicans tlie Rabbit and 
the others." Compare also, in the appendix to tlie same volume, p. C33, the '' Letter of 
the Abbe Don Lorenzo Hervas," Cesena, 31 July, 1780. Clavigero (Vol. II, "Disserta- 
tions, etc.," Cap. II, p. 281). After recalling the tradition of Votan, quoting from 
Nunez de la Vega, he adds in note b, " Votan is the name of tlie leader of the 20 
celebrated men, after which the 20 days of the month of the Chiapanecs are named." 

These statements, which rest upon the writings of Nuiiez de la Vega and of 
Ordonnez y Aguiar, are adopted, among later writers, by : — 

Brasseur de Bourbourg (" Popol- Vuh," Introduction, § V, p. LXXII. " Chronologia," 
in " Relation des ckoses du Yucatan," p. 374, note 4). 

The identity of the twenty days of the Chiapanecan months with the names of 
twenty leaders of as many kins, is very likely, therefore; and since we have found the 
close resemblance of the Chiapanecan Calendar with that of the Yucatecan Maya, it is 
not unreasonable to suggest: that the names of the Maya days originally denoted the 
same twenty kins also. If such is the case (as the tale of Cuculcan and of his nineteen 
followers also seems to indicate), then the twenty signs of the QQuiche have a similar 
origin and finally, the actual identity of the QQuiche Calendar with the Mexican or 
Nahuatl proper leads to the inference that the twenty names of days of the Tzcndal, 
Maya, and Nahuatl groups of sedentary Indians in Mexico and Central America, indi 
cate a common origin of these three clusters, from twenty kins or clans, or gentes, at a 
remote period. 

Within these twenty kins there appear /o?tr more prominent than the other. This 
again may indicate a still older derivation from four, out of which the remaining 
sixteen sprang through segmentation. How such segmentation may occur is plainly 
stated in the " I'opol- Vuh.'' and has been fully referred to by me in " Tenure of Lands'^ 
(p. 391, 392, note 7), to which, in addition to the Indian authority, and to Mr. Morgan's 
^^ Ancient Society" (Part II, Chapter IV), I beg leave to direct the " curious reader." In 
regard to the actually prevailing division of Indian settlements into four quarters, it is 
asserted by Brasseur de Bourbourg {'^ Popol- Vuh," Introduction, p. 117), "Enfln, 
presque toutes les villes ou tribus sont partagees en quatre clans ou quartiers, dont les 
chefs forment le grand conseil." 

I give the above as mere suggestions, begging for their acceptance in a kindly way, 
since they are not intended to be thrust upon the reader as "results." But I cannot 
resist the temptation to submit some remarks here; on other peculiarities exhibited 



576 

About the middle of the thirteenth century the Mexicans 
while on a migration towards more southern regions, made 

by tlie so-called calendars jnst named, which peculiarities may throw some light on 
the que^tions raised, as to whether they originally denoted kins or not. 

With a single exception (Cipactli), the Mexican and allied calendars contained the 
name of not one object, or phenomenon, which might not be met with somewhere over 
the wide area which the three linguistical stocks occupied at the time of the Conquest. 
Still, as Sr. Orozco y Berra strikingly proves (" Geografla de las Lenguas" Parte lla, 
Cap. V, p, 107), the Mexican month contains the names of animals unknown to the 
ultimate home of the tribe as well as to more northern regions. Thus the monkey 
("Ozomatli") is not found on the higli central tableland. In regard to the sign 
Cipactli, I shall elsewhere refer to this sign, which may perhaps denote a " cuttle-fish" 
of monstrous dimensions. 

Supposing now (since we have no proof yet to the contrary), that this "marine 
monster" was also an inhabitant of tropical seas, it must strike us that the twenty 
signs for the days of the aboriginal calendars under consideration 

(1). Represent types and phenomena which are met with, not exclusively, hut still 
all, within the area of Mexico and Central America. 

(2). That some of the animal types are limited to tropical and low regions only. 

(3). That none of the animals belong exclusively to the temperate zone of North 
America. 

Consequently, that these signs are of a meridional origin, and even, taking into 
account that the monkey is not found in the valley of Mexico, that they originated to 
the south of it. Still, the four " Leaders," as I have called them (the first signs of 
each "week" of five days), namely: Rabbit, cane, flint, and house,— might as well 
have been selected at the north. 

It is a fact abundantly proven, that the kins or gentes composing the tribes of North 
America are named after a principle identical with that found in the namnig of the 
days among the aborigines of more southerly latitudes, namely: after objects and 
natural phenomena. Mr. Morgan has given the names of the gentes of at least thirty 
tribes, consisting in all of two hundred and ninety-six gentes. Of these two hundred 
and ninety-six names, ninety-eight are signs of the Mexican days, repeatedly found in 
the difl'erent tribes. These signs are as follows : — 

Itzcuintli. Dog, mostly found, however, as wolf. 22 times. 

Quaulitli, Eagle 12 •' 

Cozcaquauhtli, Hawk (although it is the "ringed vulture") 8 " 

Mazall. Deer, Elk, Caribou, Antelope 20 " 

Cohuatl, Snake 9 " 

At), Water (also as "Ice," " Sea,".etc.) 4 " 

IMiquiztli, Skull (as "Head") 1 time. 

Ollin (as "many seasons " and " Sun ") 2 times. 

Calli, House (as " high village" and "lodge") 3 " 

Tecpatl, Flint (as "knife") 2 " 

Ocelotl, Tiger (also as "panther" and " wildcat") 5 " 

EheeatI, Wind 1 time. 

Acatl, Cane (also as "Indian corn") 3 times. 

Tochtli, R:ibl)it (also as " hare") 3 " 

Cuetzpalin, Lizard ("frog") 1 time. 

Xochitl, Flower (as " Tobacco") 1 " 

Quialiuitl, liivin 1 " 

I beg to observe, that if I have added " Cozcaquauhtli " to this list, supposing it to 
be the equivalent of " Hawk," this is a mere suggestion, and not an alfirmation on my 
part. 

Thus sixteen, if not seventeen, of the twenty signs of days of the Mexican month, 
are found in North America as " totems "probably of aboriginal clans or kins. 

It is fui ther niterestinp to note, that of the nine clans composing the Moqui tribes 
of Arizona, the names of seyen correspond to signs of Mexican days, (^-'Ancient 
Society," Part II, p. 179). WHiat little is known of the Laguna Indians foreshadows a 
similar result (p. 180), thus permitting the query, whether the pueblo Indians of the 



577 

their first appearance in the northern sections of the former 
republic of Mexico, as a cluster of seven kins, united by the 
bond of common language and worship. ^2 The names of these 
seven kins are distinctly stated and it is not devoid of in- 
terest to notice that some of these names were perpetuated as 
late as 1690 among the numerous "Indian wards" of the pres- 
ent City of Mexico. 33 We may as well add here, that these 

central West might not perhaps show a closer connection yet between the very ancient 
Mexican l^ins as denoted by their days, and the gentes composing their own tiibes. 

After these speculations, which I submit lor what they may be worth, and with the 
distinct reserve tliat I do not attach any value to them save as hints and queries 
for further investigation, I beg leave to state, that in my fourth paper " On the Creed 
and Belief of the Ancient Mexicans," I intend to discuss all these points with more 
thoroughness, and, I hope, with the aid of more suitable material than that now at my 
command. 

3" Ixtlilxochitl (" Relaciones historicas " " Segunda lielacion," Kingsborough, Vol. IX, 
p. 32;i) "y cast el ultimo de estos anos se juntaron dos cabczas principales y los otros 
cinco inferiores a tratar si se quedarian en esta tierra 6 si pasarian mas adelante." 
Also '^ Noticias de los Pobladores y Nnciones de esta Parte de America llamada Nueva- 
Espana" (" Tercera Eelacion de los Tultecas," Kingsborough, IX, p. 393), " Estos siete 

caudillos con todas sus gentes vinieron descubriendo y poblando por todas las 

partes que llegaban." (" Histoire des ChichimUques," Cap. I, p. 13), " lis avaient sept 
chefs, et choisissaient alternativement un d' entr'eux pour les gouverner." In addition 
to authorities quoted on the Tolteos in " Tenure of Lands" (p. 3S8. note 7, to p. 392). I 
refer to Feta7icurt (" Teafro Mexicano," Vol I, Part II, Trat. I. Cap. IV, p. 234). 
Granados y Galvez (J2a Tarde, p. 31). 

.11 u Xardes Americanas " (p. 31), " bien es que los mapas de estos no nos pintan 
tierras, .sino familias: y como estos vaguearon sin flxeza alguiia por tan varios 

rumbos "It is superfluous to quote authorities in full, I but refer to " Histoire 

des ChicMmSques" (Cap. V, pp, 38, 39; X, p. 70). Sahagun (Lib. X, cap. XXIX). The 
whole chapter is very important. Durdn (Cap. II, pp. 10, 11, 12, 13, 14, 15, 16, JII; pp. 

19, 20, 21, and plates I, to Trat. 1°, also pi. I, to Trat. 11°). Acosta (Lib. VII, cap. II, 
p. 454, and cap. Ill entire). Mendicta (Lib. II. cap. XXXIV, p. 147). Torq%iemada 
(Lib. I, cap. XXIII, p. 51; cap. XXVI, p. 54; Lib. II, cap. I, p. 78, etc.). Garcia (" Origen, 
etc.," Lib. Ill, cap. I, p. 81; Lib. V, cap. Ill, p. 321). Herrera (Dec. Ill, Lib. II. cap. 
X, pp. 59, 60). Veytia (Lib. II, cap. VI, p. .39 of 2d Vol.). Vetancurt (Vol. 1, " Teatro,'^ 
Parte II, Trat. I, cap. IX, pp. 254, 255). Cluvigero (Lib. II, cap. IV, pp. 146, 147), and 
others. 

3- The number seven (7) is almost generally accepted. Compare " Tenure of Lands " 
(p. 399, and note 21). Besides the authors there mentioned as accepting seven kins, I 
refer to Dr. Ad. Bastian (" Die CuUurli tender des Alien Amerika," Vol. II, p. 460, note 
2). Cabrera (in MinutoWs Palenque, p. 77. Rather confused). 

33 1 have gathered these names out of the following sources: Durdn (Cap. Ill, pp. 

20, 21), Tezozomoc (Cap. I, p. 6, Kingsborough, Vol. IX), Veytia (Lib. II, cap. XII, p. 
91 of 2d Vol.)- They are stated as follows : — 



By Durdn. By Tezozomoc. By Veytia. 



Yopica. 


Yapica. 


Yopica. 


Tlacochcalca. 


Tlacochcalca. 


Tlacochcalca. 


Vitznagoa. 


Huitznahuac. 


Huitznahuac. 


Cuatecpan. 


Clhiiatecpaneca. 


Cihuatecpaneca. 


Chalmeca. 


Clialmeca. 


Chalmeca. 


Tlacatecpaneca. 


Tlacatecpaneca. 


Tlacatecpaneca. 


Yzquiteca. 


Yzquiteca. 


Itzcuintecatl. 



578 

Indian wards, their peculiar organization, and their communal 
lands, disappeared only after the secession of Mexico from Spain, 
not more than fifty years ago.^^ 

There is, however, afunflamental difference between Ditraii on one hand, and Veytia 
and Tezozomoc on the other, inasmuch as the former says that these seven names 
were those of the tutdcir deities of the seven kins ("barrios"), whei'eas the latter two 
give them as the names of these kins themselves. The seven tutelar deities are also 
named by them, and called as follows : " Qnetzalcohnatl, Tlazolteotl. Macuilxochiquet- 
zalli, Ghichilticcenteotl, Piltziiiteuhtli, Tezoatlipnca, and Mictlanteuhtli " (Veytia, as 
above quoted). Tezozomoc (p. H). calls these gods: " Quetzalcohuatl, Oxomoco, 
Matlaxochiquetzal, Chiohilticzenteiitl. Piltzintecntli, Meteutl, Tezcatlipuca, Mictlante- 

cuhtli y Tlamaeazqui, y otros dioses con ellas " A discussion of these 

names is very difficult, and its results appear doubtful. Still, we distinctly recognize : 
"Tlacochcalca," plural of "Tlacochcalcatl," therefore, "men of the house of darts." 
(See "Art of War," p. 121, note 104). " Huitznahuac." according to Molina {\la, p. 
157). " uitztic " is a pointed object, " uitztli " a large thorn, but " uitztlan " is the south . 
"Nahuac," in this instance, probably (or rather possibly), signifies " among" or " near 
to," thus perhaps, "people from the south" or "from near the thorns." (Example: 
'• Quauhnahuac"— "por de los arboles," Molina, II, p. 63. Pimentel " Cuadro descrip- 
fi»o. Vol. I, pp. 170, etc.) " Cihuatecpaneca" from "Cihuatl" woman, and "teepan" 
official house. "Tlacatecpaneca" from "Tlacatl" man. and "teepan." Finally, 
" Itzcuintecatl " seems to derive from " Itzcuintli " Dog, and " tecatl." The latter again 
decomposes into: "nitla tequi" to cut (Molina, II, p. 105), and "tlacatl" man. there- 
fore the whole would be " dogcutters." " Yzquitecatl" gives a still more curious 
etymology, which is, however, so improbable, that we refrain from mentioning it eve n 

It will be seen ai a glance that none of these seven kins were named after the 
Mexican days, the last one alone containing, perhaps, the word "Jtzcuintli," but even 
this is very doubtful yet. I shall but refer here to a singular passage in Durdn (Cap. 

III, p. 20). " Ya hemos dicho como traian a su principal dios. sin cuyo mandado no se 
osaban menear: traian empero otros siete dioses, que a contemplacion de los siete 
cuevas donde auian auitado siete congregacioncs de gentes 6 siete parcialidades, los 
reverenciaban con mucha grandeza." 

After the capture of Tenochtitlan by Cortes, its site was reserved by him for the 
erection thereupon of the Spanish city, whereas the site of Tlatilnlco became the 
Indian settlement for a time, or rather was intended for that purpose. Cortes ("Carta. 

IV, pp. 110, 111, Vedial). Motolinia (Trat. Ill, cap. VII, pp. 180, 181). Oviedo (Lib. 
XXXIII, cap. XLIX, pp. 528, .530). Juan de Torqueviada (Lib. IV, cap. CII, p. 572. 
Lib. Ill, cap. XXVI, p. 299). Herrera (" Descripcion de las Indias OccilenUdes.'" Cap. 
IX, p. 17. " Historia." Dec. Ill, lib. IV, cap. VIII, p. 122). Vetanctirt (" Cronica de la 
Provincia del Santo Evangelio de Mexico^' 4th Part of the "Teatro," pp. 124, 131, 132, 
212, and 213). 

It is the latter author, Vetancurt (" Cronica," pp. 131, 132, 212, and 213), who gives 
us the names and numbers of the arexican quarters. " barrios," oi' localized kins who, 
under the form of "Indian wards," still existed in KiflO. I assume this date from the 
fact that the " Licencia" of the " Comisario general de Indias," is dated 17 April, 1692, 
(p. 13, Vol. I, " Teatro"). Besides mentioning tlie four great quarters of Mexico (p. 
124), of which we shall here.after speak, he says: " Los barrios son veinte, donde estan 
once ermitas fabricadas que sirven para sacramentar en ellas ii los que no tienen casa, 
decente, sirviendo de oratorios del l)arrio, donde en las fiestas paiticulares se sueleu 
decir misas rezadas, y en algunas fiestas de devocion cuando la piden." He also gives 
us (pp. 212, 213) information about Tlatelulco,— information which proves that the 
aborigines settled there '• en seis parcialidades, que cada cual tiene sus barrios, y 
veinte ermitas con sus titulares que celebran." This is rather obscure, and I shall 

Eepout Pkabody Museum, II. 37 



579 

"While the seven consanguine clusters above mentioned com- 
posed, to all intents and purposes, one tribe as towards out- 
siders, there still appear among them germs of discord which, 
at a later date, caused a disruption of mutual ties. The details 
are too vague and too contradictory to allow any inference 
even as to the real nature of such dissensions. ^^ One fact, 
however, is ascertained, namely: that the whole group bore in 
common all the hardships and vicissitudes of a wandering life and 
the encroachments, aggressions and temptations from outsiders ; 
that they had sheltered together in a safe retreat, and that only 
when relative safety from violence was secured, a permanent di- 
vision took place. These considerations should dispose of the 

therefore give the names of the Mexican ''barrios" bj^ the side of the "ermitas" of 
Tlatelulco, leaving the reader to notice coincidences himself. 



'^ Barrios" of Mexico. 

Santo Cristo de Tzapotla. 

Santa Veronica de Huehuecalco. 

Santa Cruz de Teepancaltitlan. 

San Pedro de Cihunteocaltitlan. 

Espiritii Santo de Yopico. 

San Felipe de Jesns de Teocaltitlan. 

Santiago de TIaxilpan. 

Los Reyes de Tequicaltitlan. 

La Cacdelaria de Atlampa. 

La Ascension de Tlacacomoco. 

San Diego de Anianalco. 

EI Niiio Jesus de Tepetitlan. 

El Descendimiento de Atizapan. 

San Salvador de Xihnitongo. 

La Navidad de Tequixqnipan. 

San Salvador de Necaltillan. 

La Concepcion de Xoloco. 

San Juan de Chichimecapan. 

San Antonio de Tezcatzonco. 

San Sebastian Copolco. 



" Ermitas" of Tlatelulco. 

Santa Ana Atenantite<^h. 

Santa Lucia Telpochcaltitlan. 

La Concepcion de Atenantitlan. 

San Francisco Mecantalinco. 

La Asuncion de Apazhuacan. 

San Mai'tin Atezcapan. 

Santa Catalina Cohuatlan. 

San Pablo Tolquechivican. 

Nnestra Seiiora de Belen Tlaxoxiuhco. 

Los Reyes de Capoltitlan. 

San Simon Iztatla. 

Santa Ines Hueipantonco. 

San Francisco Izcatla. 

Santa Cruz Azococolocan. 

San Antonio Tepiton. 

La Asuncion de Tlayacaltitlan. 

San Francisco Cihuntecpan. 

San Juan Huitsnahuac. 

Sa Asuncion de Izayoc. 

Santa Clara Acozac. 



I have italicized those names which are also found among those of the seven 'original 
kins above enumerated, and thus we And three of them, one in Mexico^ and two 
among the •' Ermitas " of Tlatelulco. 

^■^ Fernnn Gonzalez de Eslava (•' Coloquios espirituales y Hacramentales, y Poesias 
Sagradas," Second Edition, 1877, by Sr. Icazbalceta.) The learned editor makes the 
following note, 50, to page 57. '' Cuando se reedifico la ciudad de Mexico, despues de la 
conquista, se colocavon en el Centro las casas de los espafioles, y los Indios levantaron 
las suyas alredeilor de aquellas. Esta poblacion india se dividio en cuatro barrios 6 
parcialidades, regidos por caciques de su nacion, sujetos a un gobernador de la 
misma, Los barrios principales eran San Juan y Santiago." Calling my attention to 
this note in his letter of 14 Nov., 1878, my esteemed friend adds : " Con el tiempo se 
confundio la poblacion y desaparecieron esos barrios; pero aun quedo el nombre y los 
bienes que poseian las 'parcialidades' los cuales desaparecieron tambien en mi 
tiempo." 

36 The dissensions between what subsequently became the Mexicans and the Tlatel- 
ulcans are so variously described by the authorities, that it is hardly worth while to 
discuss them. 



580 

assumption, frequently made, that the Mexicans were divided 
into two distinct clusters at the outset. 

A council of chiefs, representing the seven kins meeting on 
equal terms, composed the government of the ancient Mexicans at 
that period of their history. Among these, occasional "old men" 
of particular ability loom up as leading advisers. But no perma- 
nent general office of an executive nature is mentioned ; although 
even occasional braves acquired historical prominence through 
their deeds of valor and of sagacity .^'^ 

But, while the organization was thus amply sufficient for the 
needs of a straggling band, Indian worship or "medicine" (as 
the native term implies) represented, inside of that organization, 
the lingering remains of what we have already suggested to be 
the oldest aboriginal clusters of society. Corresponding to the 
four original kins of the QQuiche, to the four leading days of the 
calendar with the traditions attached to their origin, we find 
among the ancient Mexicans at that period four chief medicine 
men, or " old men," who at the same time are " carriers of the 
God."37 

86 " Tenure of Lands " (P. 398 and 399, Notes 21 and 22). In addition to the authorities 
quoted there, I refer to : Gomara C'Conquista de Mejico " Vedia I, p. 431). '' 5' dicen que no 
trajeron senores, sino capitanes." (Idem p. 433. " De los reyes de Mejico"). Motolinia 
(" Epistola proemial," p. 5). " aunque se sabe que estos Mexicanos fueron los post- 
reros, y que no tuvieron seiiores principales, mas de que se gobernaron por capitanes." 
—Mendieta (Lib. II, cap. XXXI V, p. 148). '• Dicen que el ejercito mexicano trajo por cau- 

dillos 6 capitanes diez principales que los regian Entre estos eligieron, luego 

como hicieron sii asiento, por rey y principal serior a Tenuch." Torquemada. (Lib. II, 
cap. I, p. 78; cap. XII, pp. 94 and 9.5). 

The fact of the election of the Jii'st so-called " King" of the ancient Mexicans, so 
generally acknowledged that no evidence of it is needed, is proof enough that, previous 
to it, tlie government of the Mexicans was at least, not monarchical. The words of 
Torquemada. (p. 94, vol. I.) " Dicese, que aviendo pasado veinte y siete alios, que se 
governaban en comun, los unos, y los oti'os, les tomo gana de eligir Rey, . . . ." are 
plain enough. 

Aside from the "leaders" (caudillos) of the Kins frequently mentioned, occasional 
war-chiefs or directing braves turn up during this period of their wandering existence. 
Thus, a chief whom they called "Mexi" is mentioned by Acosta (Lib. VIF, cap. IV. 
p. 460), Sahagun (Lib. X, cap. XXIX, p. 138 and 139), Hererra (Dec. Ill, lib. II, cap. 
X, p. 60); and another very famous warrior, "Humming Bird." (Huitzililiuitl) led 
the Mexicans during their fray with tlie valley-tribes at Chapultepec, losing his life in 
the sally by which tliey broke through their surrounding enemies. Durdn (Cap. HI, p. 
27; IV, 30). Acosta (Lib. VIL cap. V, p. 463). Torquemada (Lib. II, cap. Ill, p. 82; IV, 
p. 84; Lib. HI, cap. XXII, p. 289). Vetancurt (Parte Ila, Trat. lo, cap. IX, p. 261 ; cap. 
X, p. 265 and 266). Granados y Galvez {7'arde Quinta, p. 151). Vei/tia (Lib. II, cap. 
XII, p. 97; cap. XIII, p. 110; cap. XIV, p. 116, 124; cap. XV. p. 130 and 131). He affirms 
that " Humming Bird" was the first " King of the Mexicans," which, however, is ex- 
pressly disproved by other authors. 

s' TezozomoG ("Cronica" cap. I, p. 6), mentions the four old men who carried the so- 
called sister of Huitzilopochtli, " y a esto dijo Tlamacazqui Huitzilopochtli S los viejos 



581 

It seems to indicate, that as relics of four very ancient kins, a 
kind of superstitious ("standing over") deference was paid to 
them, implying a voice and vote in the councils of the tribe. ^^ 

que la solian traer cargada, (que se llamavan Quauhtlonquetzque, y Axoloa el 
segundo, y el tercero llamado Tlamacai-qui Cuauhooatl, y el cuarto Ococaltzin"). (Cap. 
III. p. 8), at Chapultepec "y alii les liablo Hnitzilopochtli a los sacerdotes, que son 
nombrados Teomamaques, cargadores del dios, que eran Cuauhtloquetzqui, Axoloa, 
Tlamacazqui y Aococaltzin, a estos cargadores de este idolo, llamados sacerdotes, les 
d\jo." — Durdn (Cap. Ill, p. 21). Llegados a aquel lugar de Pazcuaro, viendole tan 

apacible y alegre, consultaron a su dios los sacerdotes y pidieronle : el dios 

VitzilopocMH respondio a sus sacerdotes, en suenos ..." These words repeat them- 
selves almost, several times in cap. IV, V, and VI. Finally he is very positive, (Cap. 
VI, p. 46), "con los quatro ayos de VitzilopochtU, los quales le vian visiblemente y lo 
hablaban, que se llamauan Cuauhtloquetzqui, el segundo Ococatl el tercero Chachalaitl 
y el cuarto Axoloua, los quales eran como ayos, padres, amparo y reparo de aquella 
gente," Acosta (Lib. VII, cap. IV, p. 459), "Con esto salieron lleuando a su ydolo 
metido en una area de juncos, la qual lleuavan quatro Sacerdotes principales, con 
quien el se communicava, y dezia en secrete los suocessos de su camino anisandoles lo 
que les auia de suceder, dandoles leyes, y enseiiandolos ritos y ceremonias, y sacri- 
flcios. No se niouian un punto sin parecer y mandate deste ydolo." Herrera (Dec. Ill, 
lib. II, cap. X, p. 60). "Llevaron este Idolo en una Area de Juncia en hombi-os de 
quatro Sacerdotes, los quales ensenaban los Uitos, i Sacrificios, i daban Leies, i sin su 
parecer no se movian en nada." Besides these specifically and exclusively Mexican 
sources, to which others will be added hereafter, the fact of these four chief-medicine 
men "tlamacazqui" from " tlama"— medicine-man, (il/otoa 11, p. l-2.i), is proven by 
authors who rather incline to the tezcucan side. Torquemada (Lib. II, cap. I, p. 78), 
"y ordeno, que quatro de ellos, fuesen sus ministros, para lo qual, fueron nombrados 
Quauhcohuatl, Apanecatl, Tezcacohnatl, Chimalman," (Lib. VI, cap. XXI, p. 41, but 
especially Lib. IX, cap. XIX, p. 205). " De los primeros Mexicanos, que vinieron a estas 
Tierras, sabemos, que no traxeron Rci, ni otro Caudillo particular (contra los que 
tienen, 6 afirnian lo contrario) sino que venian i-egidos de los Sacerdotes, y ministros 
delDemonio; sobre cuios hombros venia la Imagen del Dios Huitzilupuchlli, y a los 
consejos, y determinaciones de estos ministros eran obedecientes." The most explicit 
of all, however, is again Veytia (Lib. II, cap. Xlf, p. 93). At the death of Huitziton, 
"y'aqui fue dondo empezaron las embustes de los viejos y sacerdotes que con mas 
inmediacion trataban a Huitziton; porque, 6 concebido ya el ambicioso deseo de que- 
darse con el mando del pueblo, 6 para disminiurle a este el dolor que debia causarle 
tan gran perdida, . . . ." (p. 94). "Esto es el origeu de la famosa deidad Huitzilo- 
puchtli," (p. 99), here Veytia is in error in stating that Tezozomoc reports that tlie four 
priests were left with Maluialxochitl in Malinalco. This author mentions them again 
at Chapultepec, -'Cronua," (Cap. Ill, p. 8). Further on (Cap. XIII. p. 102), " Yo me 
persuado a que es distinto, que O^elopan y sus tres companeros fueron los cuatro 
Tlamacazquis que flngieron el embuste del rapto de Huitziton," (p. 109), he says that 
the " old priests " opposed the election of a head-war-chief (" rey ") " por no dejar el 
mando." (Also Cap XV, p. 131.) 

It results from these statements, that the four " Carriers of the God" indeed exer- 
cised, or at least claimed some governmental power. In tribal society such power can 
only come through some kin, hence the four " medicinemen " represented four very old 
clans or relationships, whose names even may have been lost, whereas the former 
power " stood over," in tlie form of a participation of "medicine" or worship in the 
tribal business. I here recall the important utterance oi Boturini (" Idea" pp. Ill and 
11-2 of §XVI), "como fue costumbre de los Indios poner muy pocas Figuras en los 
mapas, baxo de cuya sombra se hallan numerosos Pueblo?, y gentes; y assi dichos 
siete Tultecos, cuyos nombres reflere el mencionada Don Fernando, se entiende haver 
sido siete principales Cabezas de dilatados Parentescos, que se escondiau baxo los 



582 

When the Mexicans, thus constituting a migratory cluster of 
kins, reached the present central valley of Mexico, they found it 
occupied by a number of tribes of the same language as their 
own, though dialectically varied. The arrival of the new-comers 
was to those who had already settled, a matter of either war or 
of adoption. Adoption became very difficult, as well on account 
of the number of the immigrants as of the rivahy between already 
settled tribes. Therefore the Mexicans were tossed to and fro, 
until at last the straggling remnant found a shelter on some dry 
patches protruding from the marsh along which the other tribes 
had formed their settlements. 

This settlement occurred about 196 years previous to the Span- 
ish conquest, and it limits therefore the time, within which the 

nombres de sns Conductores." What the unfortunate Italian Cavaliere here says of the 
Toltecs, is applicable to all the other branches of the Nahiiatl stock, and bears also on 
the four '-Carriers of the God," under discussion. 

Veijtia affirms (Cap. XIII, p. 110, lib. II), that after the election of the Huitzillhuitl 
mentioned in my note 36, the god Huitzilopochtli "did not dare to claim the govern- 
ment of the people." Is this an indication to the effect that the four " priests " exer- 
cised a military command ? 

Keferring to note 29, concerning the four names of the yeai'S and leading days in the 
Mexican and Central American Calendars, and their probable connection with as many 
very ancient kinships, I beg leave to add here some additional data in regard to the , 
singular part played by the number four, in Central American and Mexican mythology 
and earliest tradition. In note 27, 1 have already alluded to tlie four original pairs, as 
mentioned by the " Popol- Vuh " as well as by Sahagun. Previous to the creation of the 
four men, the " Popol- Vuh" has the following remarkable passage: (Part III, cap. I, 
pp. 195-197), "In Paxil and in Cayala, as this place is called, there came the ears of 
yellow and of white corn. These are the names of the barbarians (? Chicop), who 
went after subsistence: the fox fYac), the wolf (Utiii) the parrot (Qel). and the raven 
(Hoh), four barbarians ( ?) who brought them the news of the ears of yellow corn and 
of white corn which grew in Paxil, and who showed them the road to Paxil." "There 
they found at last the nourishment whicli went into the flesh of man made, of man 
formed, this was his blood, it became the blood of man, this corn which went into him 
by the care of him who engenders and of him who gives being." This QQuiche tale of 
/oMr animals or "barbarians" (the latter is an interpretation of Mr. Brasseur, since 
"chicop" signifies simpl)^ a beast) carrying the material out of which man was made, 
also finds an equivalent iu Mexican traditions, as reported by Sahagun (Lib. X. cap. 
XXIX, § 12, p. 140), of four wise men who remained in the earthly paradise of "Tamo- 
anchan" inventing there "judicial astrology, and the art of interpreting dreams. 
They composed the account of the days, of the nights, of the hours, and the diflfer- 
ences of time, which were kept while the cliiefs of the Toltecs, of the Mexicans, and of 
the Chichimecs ruled and governed." " Tamoanclian " as paradise, is strictly equiva- 
lent to "Paxil in Cayala" of the QQuiche. Tlie tradition of the four "Tutul-Xiu" 
among the maya of Yucatan, may also be classed among these tales. ■ " Series of 
Katunes," " Epochs of Maya History.'' " This is the Series of Katunes in Maya." Chelo 
lai u Tzolan Katunil Ti Mayab ") in Mr. Brasseur's(" llelation des choses du Yucatan "J 
also in ,/ L. Stephens (" Travels in Yucatan," Vol. II, p. 4()5, appendix.) Also Durdn 
(Cap. XXVII, pp. 222, 224). 

'8 Tylor C Jilarly History of Mankind." Edition of 1878, p. 165), " Super-stitio" or 
"Standing Over,'' — the German "Aberglaube" in the sense of "what has remained." 



583 

organization and Institutions of the ancient Mexicans must have 
reached their ultimate development, to less than two centuries.^^ 

"In the midst of canes of reeds" the remains of the Mexican 
tribe found their future home upon a limited expanse of sod, 
which even their enemies on the mainland seemed to regard but 
as a spot fit to die upon.'*'' Although much reduced in numbers, 
the kins themselves remained and a settlement necessitated at 
once their localization. How this took place, can best be told in 
the words of one of the native chroniclers, the Dominican monk, 
Fraj' Diego Duran. 

"During the night following, after the Mexicans had finished 
to improve the abode of their god, and the greatest part of the 
lagune being filled up and fit for to build thereon, Vitzilopochtli 
spoke unto his priest or keeper and said to him: "Say unto the 
Mexican community that the chiefs, each with their relatives, 
friends and connections, should divide themselves in four princi- 
pal quarters, with the house which you have built for my resting 
place in the middle, and that each kin might build within its 
quarter as best it liked." These quarters are those remaining in 
Mexico to this day, to wit : the ward of San Pablo, that of San 
Juan, of Santa Maria la Redonda as it is called, and the ward of 
San Sebastian. After the Mexicans had divided into these four 
places their god sent word to them that they should distribute 
among themselves their gods, and that each quarter should name 
and designate particular quarters where these gods should be 
worshipped. Thus each of these quarters divided into many 
small ones according to the number of idols called by them 
Calpulteona, which is to say god of the quarter. I shall not re- 
call here their names because they are not of importance to his- 
tory, but we shall know that these quarters are like unto what in 
Spain they call a collation of such and such a saint."'** 

This statement we do not hesitate to accept as expressing gen- 

39]vxy friend, Prof. Ph. Valentini, of New York, has in hand the study of Central 
American Chronology proper, as well as Mexican. In his latest work " The Mexi- 
can Calendar stone^' (published first in German as a "Lecture," and afterwards in No. 
71, of the '' Proceedings of the American Antiquarian Society "), he has given a general 
idea of his researches, but not any details yet about their results. If, therefore, I here 
admit 1325, A. D. as about the date of the so-called "foundation" of Tenuchtitlan- 
Mexico, it is subject to correction by him. 

■"> Durdn (Cap. IV, p, 32), Herrera (Dec. Ill, lib. II, cap. XI, p. 61). 

«i " Tenure of Lands " (p. 400, note 29, and p. 402, notes 32 and 33). In addition to the 
authorities quoted, I refer to Herrera (Dec. Ill, lib. II, cap. XI, p. 61), and Samue 
Purchas (" His Pilgrimages,^' 1625, Part III, lib. V, cap. IV, p. 1005). 



584 

uine aboriginal traditions, notwithstanding the attempt, on the 
part of Fray Juan de Torquemada, to impugn its truthfulness and 
consequently its validity ,^2 It results from it that while the kins, 
which for the first time in Mexican history are distinctly iden- 
tified here with the " calpulli," are settling, "as best they liked ;" 
the creation of four geographical divisions, composed each of a 
number of kins, is attributed here to the influence of worship or, 
as we have already termed it, of "medicine." This connects 
those, who subsequently became the four "Indian wards" of 
Mexico, with the four "carriers of the gods" alreadj' mentioned, 
and this perhaps may be considered a reminiscence of the four 
original relationships. Of these the sections mentioned appear 
like a shell, geographically enclosing a number of settled kins. 
The supposition is not, t\^erefore, devoid of interest that they 
may have represented brotherhoods of kins, for purposes of wor- 
ship and warfare. If now we substitute for Mn the term ^'■gens" 
adopted by Mr. Morgan, those brotherhoods necessarily appear in 
the light of as many '■^ jjhratries.'"^^ 

The time of this occurrence seems almost to coincide with a 
division (already indicated as in progress) of the original Mexican 
band into two sections. It now culminated in the secession of a 
part of the tribe and its settlement apart from the main body, 
though not far away from it and within the lagune also. While 
the " place of the stone and prickly pear " (Tenuchtitlan) remained, 
virtuall}'^, ancient Mexico, the seceding group founded the Pueblo 
of Tlatilulco as an independent community at the very door of 
the former. It appears as its rival even until forty-eight 3'ears 
previous to the Spanish conquest. ^^ 

^2 " Tenure of Lands" (p. 402, notes 32 and 33). 

*^ Morgan {"Ancient Society," Part II, cap. Ill, p. 88) "The phratry is a brother- 
hood, as the term imports, and a natui-al growth from the organization into gentes. It 
is an organic union or association of two or more gentes of the same tribe, for certain 
common objects. These gentes were usually such as had been formed by the segmen- 
tation of an original gens." If we recall the manner in which the four "quarters" or 
Mexico first appeared, it will easily be seen that the analogy with phratrie.s is indeed 
striking. Compare, '-Art of War" (p. 101, and note 22, and pp. 120, 121, and notes 97. 99, 
100, and 101), In " Tenure of Lands" (pp. 400 and (401), I have rather favored the view 
that these four were "calpulli " which subsequently segregated into minor quarters or 
"barrios." I now correct this, having become convinced that the so-called minor 
quarters already existed at the time of settlement {compare notes 37 and 41). 

** Motolinia (Trat. Ill, cap. VIl, p. 180), mentions a division into but two " barrios " 
in course of time through increase of population. " Despues andando el tiempo y 
multiplicandose el pueljlo y creciendo la vecindad, hiz6se esta ciudad dos barrios 6 dos 
ciudades," IxtUlxochitl {"Hist, des Chichim." Cap. p. 72), merely states they were 



585 

It is much to be regretted that our information on this point 
is so meagre and unsatisfactory^ as not to enable us to ascertain 
whether several entire kins separated from the rest to form the 
new tribe, or whether fragments of kins only composed the se- 
cessionists. In fact even the cause of the division is stated in 
such a varied and contradictory manner, that we must withhold 
any expression of positive views on the subject. 

Without losing sight altogether of the tribe of Tlatilulco, we 
still must devote our attention chiefly to the inhabitants of Te- 
nuehtitlan, in which we recognize the ancient Mexicans proper. 
The number of kins composing the latter at the time of their 

divided in two " bands," without saying why and how this division occurred. Dut-dn 
(Cap. V, p. 43), " Ilecha esta division y puestos ya en su orden y concierto de barrios, 
algunos de los viejos y ancianos, entendiendo merecian mas de lo que les daban y que 
no se les hacia aquelhi honra que merecian, se amotinaron y determinaron ir a buscar 
nuevo asiento, y andando por entre aquellos carri5ale9 y espadanales allaron una al- 
barrada pequena, y dando noticia della a sus aliados y amigos fueronse a hacer alii asi- 
ento, el qua] lugar se llamaba XnlteluUi y el qual lugar agora llamamos Tlatilulco, ques 
el barrio de Santiago. Los viejos y principales que alii se pasauan fueron quatro; el 
uno dellos se llamaba Atlaquauitl, el segundo Huicto, el terccro Opoc'.itli, el quarto 
Atlacol. Ebtos quatro seiiores se dividieron y apartaron de los denias y se lueron a 
vivir a este lugar del Tlatilulco, y segun opinion tenidos por hombres inquietos y re- 
voltosos y de malas intencioues, porque desde el dia que alii se pasaron nunca tuvi- 
eron paz ni se llevaron bien cou sus hermanos los mexioanos; la qual inquietud a ido 
de mano en mano hasta el dia de hoy, pues siempre a auido y ay bandos y rancor entre 
los unos y los otros." Acosta (Lib. VII, cap. VIII, p. 468), and Herrera (Dec. Ill, lib. 

II, cap. XII, p. 6-2), both are but concise repetilions of the above. Torquemada (Lib. 

III, cap. XXIV, pp. 294 and 2;)5), opposes both Acosta and Herrera, as well as 
the " Codex Ramirez,'" and substitutes a story about voluntary settlement of the Tlati- 
lulca on a sandy patch near by, but apart from the others, in consequence of the old 
grudge or feud already mentioned. There is but little difference between this version 
and the preceding, the act of secession, in botli, being voluntary. One singular fact is 
mentioned by Vetancurt {Paxt II, trat. I, cap, XI, p. 269), namely: that the Tlatilulca 
made a market-place for both parties. Otherwise (p. 2.57), he concurs with Torquemada. 
Granados y Galvez (Tarde 6a, p. 174), after saying that both " eran deudos y parientes 
unos con otros" adds " whether this division proceeded from past quarrels, or out of 
the incommodities which they suffered among canes and reeds; it is certain that they 
divided peaceably . . ." re2/<ta( Lib. II, cap. XV, pp. 135 and 142), reporting on all the va- 
rious traditions about the foundation of Tlatilulco, comes to the conclusion that the 
"nobles" retired to Tlatilulco, whereas the "common people" remained at Mexico. 
Clavigero (Lib. II, cap. XV, p. 178), agrees with Veytia in regard to the real import of 
the fables told concerning the ancient feuds among the migratory band, but (Cap. XVII, 
pp. 187 and 188), he accepts the version that these old dissensions were the causes of 
the final division. 

I liave not been able, yet, to find whether the seceding Tlatilulca formed one kin, or 
one brotherliood of kins, or whether they were discontented fractions of kins remov- 
ing. Had Vetancurt given us the names of the " barrios " of Tlatilulco, we might pos- 
sibly infer something fi-om them. As it is, the fact of the four " princiijals " mentioned by 
Duran, seems to indicate four kins, or rather (perhaps) fractions from four kins, whom 
■want of space probably caused to remove. They may have been crowded out, and 
in course of lime the feeling of jealousy and rivalry sprung up of which the authorities 
speak both freely and frequently. See Veytia (Lib. II, cap. XV, p. 135). 



586 



settlement is not stated, but while some sources mention twenty 
chiefs as composing the original council of the tribe, others speak 
of but ten leaders. This might, according to the view taken, 
indicate in both instances ten kins, or twenty in the former and ten in 
the latter. At any rate the number is larger than that originally 
composing the tribe, thus showing that the segmentation so char- 
acteristic of tribal society according to Mr Morgan, had already 
begun. Of the government of the tribe Clavigero says : " The 
whole nation was under a senate or college of the most promi- 
nent mcn.""*^ No mention is made anywhere of a head-war-chief 



46 Clavigero (Lib. Ill, cap. I, p. 190). Torquemada (Lib. 11, cap. XII, p. 94. Lib. Ill, 
cap. XXH. pp. 289, 290, and 291). Durdn (Cap. VI, p. 47). 

It is difficult to ascertain the actual nnml)er of liins composing the Mexican tribe at 
at that time. The number of chiefs and their names are variously stated. Durdn 
(Cap. VI, p. 47), mentions six chiefs and four piiests. Mendieta (Lib. II, cap. XXXIV, 
p. 148), mentions ten chiefs. The " Codex Mendoza" also says ten chiefs (Tab. I, Vol. I, 
Kingsborough). Clavigero (Lib. Ill, cap. I, p, liJO, note r), mentions twenty. It is in- 
teresting to compai-e the names, also those of the twenty leaders of Torquemada (Lib. 
II, cap, III, p. S3), with those of the twenty '• barrios" of Vetancurt. 



Durdn. 


Mendieta. 


Torquemada. 


Clavigero. 


^'Barriiis"nf Vet- 
ancurt. 


AcacitU, 


AcacitU^ 


AcacitU, 


AcacitU, 


Tzapotla, 


Tenoch, 


Tenudi. 


Tenoca, 


Tenoch, 


Huehuecalco, 


Meci, 


TecineutI, 


Nanacatzin, 


Nanacatzin, 


Tecpancaltitlan, 


Ahuexotl, 


Auexotl, 


Ahuexotl, 


Ahuexotl, 


Cihiiateocaltilan, 


Ocelopan, 


Ocelopan, 


Ocelopan, 


Ocelopan, 


Yopico, 


TeqacatetU 


Quail pan, 


Te(;acatetl, 


Tezacatl, 


Teocaltitlan, 


Quauhtloquetzqui, 


Xomimitl, 


Xomimitl, 


Xomimitl, 


Tlaxilpan, 


Ococal, 


Xocoyal, 


Quentzin, 


Quentzin, 
Xiuhcac, 


Tequicaltitlan, 


Chachalaitl, 


Xiuhcaqui. 


Xiuhcac, 


Atlampa, 


Axoloua. 


Atototl. 


Axolohua, 


Axolohria, 


Tlacacomoco, 






Tlalala, 


Tlalala. 


Amanalco, 






Tzontliyayaiih, 


Tzontligagauti, 


Tepetitlan, 






Tuzpan, 


Tochpan, 


.Atizapan, 






Tetepan, 


Tetepan, 


Xihuitengo, 






Cozca, 


Cozcatl, 


Tequixciuipan, 






Ahatl, 


Atzin, 


Mecaliitlan, 






Achitomecatl, 


Achitomecatl, 


Xoloco, 






Acohuatl, 


Acohatl, 


Chichimecapan, 






Mimich, 


Mimich, 


Copolco, 






Tezca. 


Tezcatl. 


Tezcatzonco. 



I have italicized such names as are alike. We see that of the ten chiefs named by 
Duran and Mendieta, six are also named by the two other authorities. As might be 
expected, there is hardly any concordance between these names of chiefs and those of 
the Mexican <• barrios." 

If it were known to us whether, in this case, each " cliief" represented a kin only, 
or whether Duran, Tezozomoc, and Mendieta alone indicated the true number, we 
could or might, of course, determine tlie number of the calpulli. That the chief is 
used to denote his kinship in the old authors is distinctly stated by Dtirdn (Cap. XXVII, 
p. 224). This chapter relates the mission of sixty " wizards " (" bnijos "•" hechiceros,") 
sent by the chief "Montezuma Ilhuicamina" (the first " stern or wiathy chief" of that 
name), to an old woman or goddess purported to be " Huitzilopochtli's " mother. Ar- 
rived before the old hag (as she is described), she inquires of them for her son and for 



587 

as 3^et ; this peculiarly military office was not yet established in 
permanence. However, there are indications that one executive 
chieftain for tribal affairs may, at least rudimentarily, have ex- 
isted namely : the "Snake- woman" (cihnacohuatl). But the attri- 
butes of this office did not assign to it any marked prorainence.^e 
The position of the Mexican tribe, about the middle of the 
fourteenth century, was still a very precarious one. With barely 
sufficient sod to dwell upon, blockaded, so to say, by powerful 
tribes along the lake shore ; with the independent cluster of 
Tlatilulco, jealous and threatening, within an arrow-shot of its 
homes, it was forced into a peculiar attitude of military defence. 
The elements for a warlike organization were contained in the 
autonomous kins, which were grouped into the still larger cluster 
of the brotherhood, and all together composing the tribe. The 
leaders were found in the officers and chiefs of the kins. But the 
state of insecurity then prevailing required an office whose in- 
cumbent should be in constant charge of the military affairs of 
the tribe. This was plainly within the scope of tribal society ; 
such functions had already been exercised previously, in times of 
particular need. Now, under the pressure of circumstances, and 
with a permanent settlement, permanence of the charge became a 
necessity.'*^ 

ihe seven chiefs " \yhich seven went for leaders of each qiiai-ler " (p. 222). The wizards 
jeply (among other things) : " Great and powerful Lady ( ?) we have neither seen, nor 
spoken to, the chiefs of the calpules:" Judging from this, the original number of them 
was ten, and it is presumable that if such was the case they were the war-chiefs, 
whereas the otliers were more properly the administrative officers analogous to the 
"sachems" of the Iroquois. (Compai-e Morgan, '^Ancient Societi/." Part II, cap. If, pp. 
71,72, and 73. Cap. IV, p. 114. C:ip. V, pp. 129, 130, etc., etc., to 148). We shall have 
oi!casion to return to this again in a subsequent note. 

■"* The office of " Cihnacohuatl " is very old. JxtUlxoc.liitl (" lielaciones" " Segunda 
Jtelacion," pp. 323 and 324), after speaking of the seven leaders of the Toltecs, men- 
tions •'Zluhcoatl" tambien uno de los cinco oapitanes inferiores" as discoverer of 
Jalisco. Confirmed (the last mention excepted) by Toi-qwmadti (Lih. I, cap. XIV, p. 
37). Veytia{Wb. I. cap. XXII, p. 220). The ''Codex iMendoza" {Plate II in Vol. I of 
Lord Klngsborough), represents the first regular head-war-chief of the Mexicans, 
'• Handful of Reeds" (Acamapichtli) with a head and face of a woman and snake sur- 
mounting his own head or ratlier the forehead, whereas the " name " i)roper stands, as 
usual, behind the occiput. Tlie explanatory note thereto (Vol. VI, p. 8), says: '' The 
first figure probably denotes that Acamapichtli, before he was elected king, possessed 
the title of Cihuacohuotl, or supreme governor of the Mexicans; when Mexico after- 
wards became a Monarchy this title was retained." 

*^ Durdn (Cap. V, pp. 43 and 44). Acosta (Lib. Ill, cap. 8, p. 4fi8). Herrera (Dec. 
III. lib. II, cap. XII, p. 62). Torquemnda (Lib. II, cap. XIII, p. 95). ■' The cause of his 
election was the increase in numbers, and their being surrounded by enemies who 
made war upon them and damaged them." " La causa de su eleccion, fue, aver cre- 
cido en numero, y estar niui rodeados de Enemigos, que les hacian guerra, y iifligian." 

3* 



588 

Therefore, near tlie eightli decade of the fourteenth century, 
or about thirty years after the settlement of Mexico, the office 
of " chief of men" (Tlacatecuhtli) appears to have been estab- 
lished. ^^ Tiiis is commonly heralded as the creation of monarchy, 
thus abolishing the basis of organization, or tribal society itself. 
It is however overlooked that only an office was created, and not 
a hereditary dignit}' with power to rule.^^ Its first incumbent, 
"Handful of Reeds" (Acamapichtli), was duly elected, and so 
were his successors.^*' We have already seen that the Mexican 
family itself was so imperfectly constituted as to preclude the 
notion of a dynasty, and it was therefore, as we shall further estab- 
lish, to the " kin " that the so-called succession or rather the choice 
was limited. ^^ We do not know, nor would it be safe to guess, ivhich 

Veytia (Lib. II, cap. XVIII, p. 159; cap. XXI, pp. 183 and 187). Clavigero (Lib. Ill, 
cap. I, pp. 190 ai^d 191). It was a military ineasui-e. 

^^Tlie dates are variously given. Durdn (Cap. VI. p. 53). says 1304, or rattier he 
states tliat -'Handful of Reeds" died at the age of 60, and that his death occurred 1404. 
He had been elected when 20 years old, therefore forty years previous to the latter 
date, or in 1304, A. D. Vetancurt (Parte Ila, trat. I, cap. XI, p. 270), t^ays 3d of May, 
1361, or 1368. According to Salicigun, and from his lists of Mexican '"Kings" (Lib. 
VIII, cap. 1, pp. 268-271), it would be about 1369, but (Lib. VIII, cap. V, p. 280), he says 
he was elected in 1384. Veytia (quoting also Carlos de Siguenza), says (Lib. II, cap. XXI, 
pp. 186 and 188), 1361. Clavigero (Lib. Ill, cap. I, p. 190. Appendix to 1st Vol., p. 598. 
Vol. II, Sec'd Dissertation, Cap. 11, p. 327). says 13.52. Mendieta (Lib. II, cap. XXXIV, 
p. 148), 1375. In the " Real EJecutorin " (Col. de Doc, Vol. II, p. 9), a date 1384 appears, 
but this date is of douutful origin. The '■ Codex Telleriano-Iiemensis" (Vol. I, Kingsb., 
Plate I, and Explanation, Vol. VI, p. 134), says in the year 11, cane, (" Acatl") or 1399. 
H. H. Bancroft {Vol. V, cap. VI, p. 358), 1350. Prof. FalentinU'- The Mexican Calen- 
dar-Stone," p. 108). 13, Acatl, or 1375. 

In regard to the title of " Tlacatecuhtli " compare " Art of War," (p. 123, note 104). 
There is a singular analogy between it and the title of " Great War Soldier,'' given by 
the Iroquois confederacy to its head-war-chiefs (•• Ancient Society," p. 146). Under 
'* men " the Mexicans also understood " braves." Therefore •• chief of the braves " also. 

«In a general way, the following passages are interesting. Durdn (Cap. LXIV, 
p. 498), " because in these times the brothers, sons of the King inherited one another, 
although from what I have noted of this liittory, there was no heiedity nor succession, 
b,ut that only those which the electors chose, whether brother or son, nephew or cousin, 
in the second degree, of him who died, and this order it strikes me they carried (on) in 
all their elections, and so I believe that many of those who clamor and pray for lord- 
ships (•' sejiorios") because of their fathers having been Kings and Lords at the time 
of their inlidelity do not, as I understand, justly claim ('• no piden justicia"). For ac- 
cording to their ancient law there were rather elections than successions and inherit- 
ances, in all kinds of lordships." I shall give the full text of this very important 
passage further on. Torquemada (Lib. XI, cap. XXVll, p. 358j. "Of the Mexican re- 
public. I confess this manner of succession, and that sometimes they were elected with- 
out regard to anything save their personal qualilication." 

s» Suhiigun (Lib. VllI, cap. XXX, p. 318). 

^iConi|jare Durdn (Cap. LXIV, pp. 498 and 499). Torquemada (Lib. XI. cap. 
XXVII, p. 3n8). The former says in addition to what is quoted in note 49. " In all the 
other lordship I only found but elections and the will of the electors, and thus they never 
.could fail to have a King- of that lineage, even to the end of the world, because if to- 



589 

was the particular "calpnlli" of Mexico who. furnished the Mexi- 
can head-war-chiefs down to 1520 A. D. 

Analogous to the New Mexican pueblo, the tribe of Mexico 
had, from that time on, its supreme council and finally two 
executive head-chiefs ; for with the creation of the militar}^ office 
of "chief of men," the "Snake-woman" rose correspondingly 
in importance. ^2 No cliange in that organization took place until 
the Spanish conquest although within the period of nearly one 
hundred and fifty years (approximately) thus indicated, we find, 
at three distinct epochs, mention of virtual changes or subversions 
of tlie aboriginal institutions of the Mexican tribe. 

The first one of these critical dates agrees with the third decade 
of the fifteenth century, or the time when, through a well executed 
dash, the Mexicans overthrew the power of the Tecpanecas on the 
mainland. 

This successful move, perhaps originalh- conceived in self- 
defence, finally brought about the confederacy of the "nahuatl" 
tribes of Mexico, Tezcuco, and of Tlacopan. We have nothing 
to add to our first picture of this military partnership, as drawn 
in "Tenure of Lands. "^-^ Still the event deserves special men- 
day they elected the brother, to-morrow they elected the " grandson, and the day after 
the nephew, and thus they went thi'ough the whole lineage without any end " This is 
a plain description of the succession of office in the kin. Torquemada is about 
equally explicit, and this agreement between two authors who represent antagonistic 
tribal traditions, is certainly of great weight. To this should be added the statement 
of Sahagun (Vol. II, p. 318), '' and (they) selected one of the most noble ones of the 
lineage ("'linea") of the lords post." Even the series of contradictions of Zurita 
(" Rapport, etc.," pp. 12-20). contain a plain description (if attentively studied) of suc- 
cession in the kin, and not in the family. 

^2 At the time Francisco Vasquez de Coronado reached and conquered New Mexico, 
its sedentary Indians were governed by a council of old men, and besides they had 
governors and captains. This is explicitly stated by Pedro de Castaneda y Nagera, 
C' Relation du Voyage de Cibola, entrepris en 1510,"), who went with Coronado in 1510, in 
the French translation by Mr. Ternaux-Compans, 1838 (Cap. XI, p. 61), about Tuscayan 
Cibola, although flatly contradicted again by himself (Part. II, cap. III. p. 1H4), in 
regard to Cibola. Torquemada (Lib. IV, cap. XL. p. 681), mentions the "mandon" 
(commander) and after him what he calls a "crier" "y despues de fel, es el que pre- 
gona, y avisa las cosas, que son de Kepublica, y que se han de hacer en el Pueblo." 
The same author is also very explicit (Lib. XI, cap. XVII, p. 337), when he distinctly 
states: " El Govierno de los del Nuevo-Mexico parece de Senado, il de Sefioria," men- 
tioning also the two other officers. 

For the actually prevailing governmental system of the New-Mexican Pueblos the 
sources are very numerous. I simply refer to H. H. Bancroft (Vol. I, pp. 516 and 547), 
W. W. H. Davis (" The Spanish Conquest of New- Mexico," 1869, p. 415. note 4), Oscar 
Loew {" Lieutenant G. M. Wheeler'' s Zweite Expedition nuch Neu-Mexiko und Colorado, 
1874," in Petermann's " Geographische Mittheilungen," Vol. 22, p. 212). All the other 
main sources it would be useless to enumerate. 

63 Pp. 416, 417, and 418, and notes 61 to 70 inclusive. Also note 4 of this paper. In re- 



590 



tion here, because of its unveiling, so to say, the full organization 
of the ancient Mexicans as they preserved it until the time of 
their downfall. 

Upon the occasion of the division of spoils gathered from the 
defeated Tecpanecas, and of the establishment of regular tribute, 
there appear the follovving war captains and leaders of the Mexi- 
cans, as representatives of the latter's organization. 

The "chief of men." 

Four captains of the four principal quarters of Mexico. 

Twenty war-chiefs of as many kins composing the tribe. 

One chief representing the element of worship, or " medicine." 

The " Snake- woman. "54 



gard to the date of its occurrence, Bancroft (Vol. V, p. 395), says about, or immediately 
after, 1431, following Brasseur de Bourbourg, Clavigero (Lib. IV, cap. III. p. 251), 
1426, IxtUlxochill (''Hist. Chichimeca," Cap. XXXII, p.217), also 1431, Veytia (Lib. Ill, 
cap. Ill, p. 165) 1431, The " Codex Telleriano-Remensis" (Kingsb., Vol. I, p. 7, and Vol. 
VI, p. 136), has it 7, " Tochtli" or 1404. 

SI Durcin (Cap. XI, p. 9(!). Besides distributing land " juntamente con daros y rep- 
artiros las tierras que aveis ganado, para que tengais rcnta para el siistento de vues- 
tros estados y personas segun el mei-ito dellas," he gave them •' ditados" or titles "y 
(quiere) haceros seiiores de titulo"(the latter would be to make them noblemen). I 
must advert here that " ditado o titulo de honra " is expressed in the Mexican language 
by " tecuyotl" " tlatocazotl" "mani9otl" {Molina, K' Vocabulario," Part I, p. 46). 
These words however mean but, respectively " chiel't.ainship," "speakership," and 
"honor," (the latter see Molina II, p. 54), all of them terms wliich, as we shall here- 
after see, apply to personal merit, and not to hereditary privilege among the Mexican 
aborigines. Duran then proceeds (p. 97) to give these titles as follows : — 



Primeramente a su general dio 


por 1 


tlitado 


Tlacochcalcatltecutli, 


A Veue Moteuc9uma, 


Tlacacleltsin 


dio 


por ditado 


Tlacatecatl. 


A Tlacauspan, 


d. 


P- 


d. 






Ezuauacatl. 


A Cuatlecoatl, 


d. 


V- 


d. 






Tlillancalqui. 


A Veuesacan, 


d. 


p. 


d. 






Tezcacoacatl. 


A Aztacoatl, 


d. 


P- 


d. 






Tocuiltecatl. 


A Caualtzin, 


d. 


P- 


d. 






Acolnauacatl. 


A Tzonpantzin, 


d. 


P- 


d. 






Hueiteuctli. 


AEpcotiuatzin, 


d. 


P- 


d. 






Temilloizin. 


A Citlalcoatzin, 


d. 


P- 


d. 






Tccpanecatl. 


A Tlaueloc, 


d. 


P- 


d. 






Calmimelolcatl, 


A Ixcuetlatoc, 


d. 


P- 


d. 






Mexicalteuctli. 


A Cuauhtzitzimitl, 


d. 


P- 


d. 






Huitznauatl. 


A Xiconoc, 


d. 


P- 


d. 


y 


ren ombre. 


TepanccatUeuctli. 


A Tlazolteotl, 


d. 


P- 


d. 






Quetzaltocatl. 


A Axicyotzin, 


d. 


P- 


d. 






Teuctlamacazqui. 


A Ixauatliloc, 


d. 


P- 


d. 






Tlapidtecatl. 


A Mecantzin, 


d. 


P- 


d. 






Cua.uhyauacatl. 


A Tenamaztli, 


d. 


P- 


d. 






Coatecail, 


A Tzontemoc, 


d. 


P- 


d. 






Pantecatl. 


A Tlacacochtoc, 


d. 


P- 


d. 






Huecameeatl. 



To these he adds (pp.98 and 99), five more, namely: QnauJinochtecutti, Cuanhgui- 
auacatl, Yopicatltecutli, Cuitznauatl, and Itcotecatl. Tlie three last were from Cul- 
huacan. Adding to this the "chief of men" himself, who was "Flint-Snake," or 



591 

The existence of twenty autonomous consanguine groups is tlius 
revealed, and we find tlieni again at tlie time of tlie conquest, 

"Obsidian-Snake" (Itzcohuatl), we have twenty-five chiefs in all. Now we cannot 
fail to notice: — 

(1). "Itzcohuatl," the " chief of men " or head-war-chief. 

(2J. "Tlacochcalcatl," " Tl.icatecatl," "E/.huahuacatl," and "Cuauhnochtli," the 
four military leaders of the four great quarters (•' phratries") of Tenuch- 
titlan. (See -'Art of War," pp. 120, 121, and 122, also notes 97 to 101 inclusive.) 
(3). "Tlillancalqui" — " Man of the black-house," a chief connected with "medi- 
cine" or worship, as I shall hereafter show. He was rather a counsellor or 
advisor, than a captain, as Acosta (Lib. VI, cap. XXV, p. 441), and Herrera 
(Dec. Ill, li\). II. cap. XIX, p. 75) positively state, whereas Durdn (Cap. XI, 
p. 10,5) asserts the religious origin of his oflSce. 
(4). "Tlacacllel," who, as Duran and Tezozomoc both repeatedly and ])lainly 
assert, was the snake-woman or "Cihuacohuatl." In this intance, however, 
he is graced with the title of " man of the house of darts " (" Tlacochcalcatl"), 
and thus made one of the four leaders of the " phratries." This is an evident 
mistake, as the latter title belonged to IVIontezuma (the first, or "old one"). 
Compare Torquemada (Lib. II, cap. XXXVI, p. 140; cap. XLIIl, p. liO, where 
he is called "captain-general"), Vetancurt (Part II, Trat. I, cap. XV, p. 293), 
also Durdn (Lam. Sa, Parte la). 
(5). Twenty war-chiefs, each one of whom commanded the warriors of one kin or 
calpulli, hence they were the military leaders of twenty Mexican kins. 
Besides the indications to that effect furnished by Duran (Cap. XXVII, p. 224), 
"a los sefiores de los calpules no los vimos ni nos hablaron," said the sor- 
cerers which had been sent to Huitzilopochtli's mother, after she had asked 
them about the chiefs or captains, seven in number, which had led the Mexi- 
cans originally, (see note 33). Tezozomoc ("Cronica," Cap. XV, pp.24 and 
2.1), while corroborating the statements of Duran (with the exception tliat he 
omits the chief " Mexicatlteoutli," and thus gives only twenty-seven chief- 
tains), inserts the follownig explanation about these twenty (or twenty-one 
after Dnran) captains : "After these four (the four first ones), go the Tiacanes, 
called valorous soldiers, surnamed captains." The "Tiacan" or "tiacauli," 
properly " teachcauhtin." Elder brother, was the military chief of each " bar- 
rio " or "calpulli," therefore of each kin ("Art of War," p. 119, notes 91,92, 
and 93), consequently these twenty chieftains represent here as many con- 
sanguine relationships composing tlie tribe of the ancient Mexicans. 
It will be noticed, however, that Duran has twenty-one chiefs, whereas we assume 
but twenty, according to Tezozomoc. The latter omits " Mexicatl-tecutli " and, perhaps 
properly too. Tliis word signifies but "Mexican chief," in general, and cannot there- 
fore well be the title of one particular leader. It recurs occasionally in the course of 
Mexican history. Still, this is only a suggestion on my part, for the matter is far from 
being proven. Torquemada (Lib. IV, cap. CII, p. 571) mentions '■'■ Mexicatl-achcauhtli" 
among the chiefs who went with Quauhtemotzin before Cortes on tlie day after the 
resistance of the Mexicans had ended. Again Tezozomoc mentions two chiefs of the 
same title " Cuauhquiauacatl," as also does Duran. Now this would be impossible, 
since Tezozomoc calls the second one of that name, a son of " Cuauhnochtli." It may 
be now that the latter author has omitted the " Mexicatl-tecutli," and that " Cuauh- 
quiauacatl" is to be counted but once. It results from the statements of Vetancurt 
already alluded to, that there were twenty Mexican "calpulli," consequently there 
were but twenty leaders of kins. The analogy between these " barrios " and the chiefs 
of Duran and Tezozomoc is greatly increased by the fact that for the three chiefs ol 
Culhuacan mentioneil by the latter, we have also three barrios of "Otomites," there- 
fore, in each case but seventeen original kins of Mexicans proper ( Vetancurt " Cro- 
nica," Vol. Ill, p. 132). 



592 

while their last vestiges were pefpetuEitted until after 1690, when 
Fray Augiistin de Vetancurt mentions four chief quarters with 
their original Indian names, comprising and subdivided into twenty 
" barrios." Now the Spanish word " Barrio " is equivalent to 
the Mexican term " calpuUi." Both indicate the kin, localized 
and settled with the view to permanence.^^ 

What is often conceived as the establishment of a vast feudal 
monarchy at the time just treated of, resolves itself therefore 
into two very plain features. One of these consists in the estab- 
lishment of the confederacy, the other is but the appearance in 
broad daylight of the peciiliar' organization of aboriginal society 
among the Mexicans. Thus we have no sudden change of base, 
no revolution in the institutions of the tribe ; the only progress 
achieved consisted in the extension of inter-tribal relations and 
in their assuming the shape of a military' partnership. 

The year 1473 witnessed another event which seemed to affect 

All these titles were permanent, though not hereditary, as it is plainly seen in the 
case of the four leaders of the four '-phratries" about which Sahagun says: (Lib. 
VIII, cap. XXX, p. 318) "The chief elected, forthwith they elected others four which 
were like senators that always had to be by his side .... (these four had different 
names in different places) . . . . " Durdn (Cap. XI, p. 103). "To these four lords and 
titularies, alter they were elected princes, they made them of the royal council, like 
presidents and members ("oydores") of the supreme council, without whose opinion 
notliing should be done. When the king died, his successor had to be taken from those, 
neither could any others but brothers or sons of kings be clothed with these dignities. 
Thus if one of these was electeil, they put another in his place. We must know that 
they never put a sou of him who had been elected (" King") or of the deceased, since, 
as it has been said, the sons never succeeded (in office) by inheritance, to the titles or 
lordships, but through election. Therefore, whether son, brother, or cousin, if elected 
by the king and those of his council, to that dignity, it was given to him, — it being 
sufficient his being of that lineage and near relative, and so the sons and brothers 
went on inheriting gradually, little by little .... and the title and lordship never 
went outside of that descendancy ("generation" also kin), being filled by election, 
little by little." 

The other titles are fi-equently met with up to the time of the conquest, as a few in- 
stances will abundantly prove. Assuming, with the majority of authors, the date of 
1431, for that of the formation of the confederacy, we meet, during tlie unlucky foray 
of the confederates against Michhuacan, about fifty years later, with the following war- 
chiefs of the Mexicans. Tezcaco;itl, Huitznahuacatl, and Quetzaltocatl {Tezozomoc, 
Cap. LII, pp. 84 and 8.i), also Coatecatl (Cuauhtecatl). At the time of Cortes' first 
arrival off the coast (1.518) we meet iu the council of Mexico with Huitznahuacatl, 
Hueycamecatl (Torquemdda, Lib. IV, cap. XIII, p. 379). Finally when, alter the re- 
sistance of the Mexicans had ceased, Cortes assembled all the cliiefs in his presence, 
we again meet with Huitznahuatl, Mexicatltecuhtli, Teucthimacazqni {Torquemnda, 
Lib. IV. ca|). CII, p. 571). Evidence of this kind could be produced in profusion, but 
it would only increase unnecessarily the size of this annotation. Compare the titles of 
the Iroquois sachemships iu Morgan {^'Ancient Society," Part II, Cap. V, pp. 130 and 
131). 

''■' Compare note 33. Also Molina (Part I, p. 18), and others. 



593 

the Mexican tribe in a more direct manner. It was the overthrow 
and capture, after a short but bloody struggle, of the pueblo of 
Tlatilulco.^^ Owing to the close connection of the latter with the 
Mexicans both had remained on a non-hostile footing ; for the 
suspicious watchfulness with which each viewed the other did not 
comport with any more intimate relations, those of trade and ex- 
change excepted. When the confederacy came into existence, 
Tlatilulco was counted in as a part of Mexico, since its people 
acknowledged themselves to be Mexicans ; but there is no evidence 
authorizing the conclusion that the Tlatilulca played any other role, 
be^'ond that of auxiliaries to their kindred of Tenuchtitlan.^''' The 
rash attempt of the former at the organization of a conspiracy to 
become "Mexico alone" terminated fatally ; their place was taken 
and barbarously sacked, their leaders were killed in the fray or 
sacrificed afterwards, and the Mexicans, exasperated at the conduct 
of their treacherous kinsmen treated them in an unusually severe 
manner. We have seen already that, in any conquest, the con- 
quered tribe, if not exterminated, was only subjected to more or 
less heavy tribute. But the Tlatilulca were dealt with far worse : 
thej' were degraded to the rank of '■'■ loomen" their public market 
was ordered closed, their council-house left to decay and their 
young men, expressly debarred from the privilege of carrying 
arms in aid of the Mexicans, were required to become the carriers 
of supplies to their captors. Such a punishment was unknown in 
the annals of Indian conquest, and appears even to militate 
against our views of aboriginal society in Mexico ; still it was 
in perfect harmony with the institutions of the latter. The 
Tlatilulca were, as we should never forget, not only a tribe 

50 The "Codex Telleriano-Remensis" (Plate XIV, also explanation Vol. VI, p. 138), 
concurs in tliis date, or tlie year seven " calli " wliicli is indeed U73. 

''^Tliis acknowledgment — "to be Mexicans "— on tlie part of the inhabitants of 
Tlatilulco, was in tlie nature of a claim, and with a spirit of jealousy and envy. Al- 
thoujrli Durdn says (Cap. XXXII, p. 257), "auiendo estado hasta entonces sujetos a 
la corona real de Mejico," this affirmation is utterly disproven, not only by all the 
other sources, but by his own statements (Oap. V, pp.43 and 4(!). The confused and 
contradictory tales about the state of war preceding the formation of tlie confederacy 
still make tlie Tlatilulca always appear as assisting their neighbors of Tenuclititlan, 
more or less. Sometimes tliey were neutral only, and at times tlicy may have felt in- 
clined to foster attempts at destruction of their rivals by outsiders, but they still were 
afraid of the consequences of it for their own independence. Dtirdn ((Jap. V, p. 46). 
The singular statement that the Tlatilulca even attempted, though fruitlessly, to with- 
draw tlie Tezcucans and TIacopans from Tenuchtitlan, inducing them to become their 
associates in the work of its overthrew, is significant. See Torquemada (L\h. II. cnxi. 
LVIII, p. 17(i) "Quisose aliar con los de Tlacupa, y Tetzcuco, los quales no le acudie- 
ron." 



594 

connected, through stock-language or even dialect, with the Mexi- 
cans, but they were actually " kin of their own kin." Their punish- 
ment therefore was that of a crime committed against kinship and 
tribe. As we shall hereafter attempt to show, such delicts en- 
tailed death. Instead of exterminating a whole settlement how- 
ever, the Mexicans treated the survivors as outcasts from the bond 
of kinsliij), degrading them to manual, therefore female labor.^^ 

^8 The descriptions of tlie capture of Tlatiliilco by tlie Mexicans, wliile " Face in tlie 
Water" (Axayacatl) was tlie latter's heail war-cliief, are so luimerons, and in tlieir 
features as far as tlie subject of this paper is concerned, so generally concordant, that 
I may be permitted to forego quotations. I simply refer to the best known authors on 
ancient Mexico in general. Still, ihese authors seem to report but the *' Tenuchcan " 
side of the st-^ry. Although Boturini ('• Idea" '• Catalogo del Museo Indiano," p. 23), 
mentions the copy of ''Un Mapa en papel Europeo, donde estan pintados los Reyes de 
Tlatiliilco, y de Mexico" as the only specifically •' Tlatilulcan " document of whicli he 
knows, there still is pre.=erved to us a tale of the overthrow of the pueblo of Tlati- 
lulco. which bears distinctly the stamp of a genuine Tlatilulcan version. We owe it to 
Oviedo y Valdes ('• Historia general y nat. de Indi is" Lib. XXXIII, cap. XLVI, pp. 504 
and 505). "Avia dos parcialidades 6 bandos en aquella repiiblioa, la una se decia 
Mexicanos, e la otra Tlatebulcos, como se dice en Castilla Oiie9inos 1 Gamboinos, 6 
Giles e Negretes. Y estos dos apellidos teuvieron grandes diferencias: e Montecunia, 
como era maiioso, flngio grande amistad con el seiior principal del bando Tlatebulco, 
que se decia por sus nombre proprio Samalce, e tomole por yerno, e dlole una su hija, 
por le asegurar. Con este debdo, en cierta fiesta (5 convite ii este Samalce, e a todos sus 
capitanes e parientes e hombres principales, hizolos embeodar: e desque estuvieron 
bien tornados del vino, hi^olos atar e sacrilicarlos a todos, sacandoles los coragones 
vivos, como lo tienen por costumbre. E los que padescieron esta crueldad passaban 
de mil hombres, seiioi'es i)rincipales; e tomoles las casas e qiianto tenian, e pobldlas de 
sus amigos e de los de la otra pargialidad Me.xicana. ^ a todos los que tuvo por 
sospecliosos, desterr61os de la ciudad, que fueron mas de quatro mil hombres; y en 
los bienes e moradas destos higi que viviessen los quel quiso enriqucsar con bienes 
agenoSi !& aquellos que desterro, higo que poblassen quatro leguas de alii, en un 
pueblo que de aquella gente se higo, que se llama Mezquique, e que le sirvirssen de 
perpetuos esclavos. i, assi como la cibdad se degia, y es su proprio nombre Temisti- 
tan, se ]lani6 e llama por niuchos Mexico dende aquell i maldad cometida por Monte- 
gunia." This story is repeated by him witli less detail (Cap. I, p. 533). Although 
manifestly incoriect, it is still interesting to compare witli the cunent version. 

The punishment which the Tlatiliiloa received, is also mentioned by a number of 
authors. The prominent sources, however, are: Durda (Cap. XXXIV, pp. 270 and 
271), Tezozamoc (Cap. XLVI, pp. 74 and 75). Both of these relate that, besides, the 
great market place of Tlatilulco about which the latter says: ''that the tlaiiguis 
(market) was esteemed beyond, as if they had gained five tribes." The Tlatilulca 
were, as we shall liereafter see, mostly traders and, as one of their oM men is made 
to say to '■ Face in the Water," by Tezozomoc (p. 74) : " We are traders, mercliaiits, and 

will give you (follows a long list of articles promised) since by force of arms 

this tianguis has been gained." Durdn, (p. 2701 : '-After this was done, the King com- 
manded that this place and market which they had gained should be distriliuted 
among the lords, since the Tlatilulca had no other soil." Compare also the state- 
ments in regard to ti'ading and bartering in aboriginal JMe.xico, and to the beginning 
of the traders at Tlatiluoo, in Sahagun (Lil). IX, cap. 1, i>p. 335 and 336). 

''Kin of their own kin." In regard to this statement 1 beg to refer to one made by 
Veytia (Lib. 11, ca|). XV, p. 135) : " Some modern national writers say that this separa- 
tion did not occur precisely as between nobles and plebeyans, but that eight families 

RePOUT PEABt)DY MuSEUM, II. 38 



595 

Still, this low condition did not remain forever. The Tlatilnlca 
were in a measure " re-adopted " into the tribe. After this, they 
formed a fifth quarter, or " phratry," which Father Vetancurt (in 
1690) mentions as containing six " parcialidades." But this re- 
habilitation never extinguished the fire of revenge kindled once 
among the Tlatilulca towards the Mexicans. The latter treated 
the former therefore, not as a tribe subject to tribute, but as a 
suspicious group, to which the rights and privileges resulting 
from consanguinity could not well be denied, but to which voice 
and vote in the leading councils should not be accorded. In this 
singular position, not strictly inferior, but evidently more "dis- 
tant," we find the Tlatilulca at Mexico at the time of the 
conquest. ^9 

or tribes, in which there were of both kinds, were those who divided themselves from 
the rest." (See note 44.) It is much to be regretted tliat the eminent Mexican scholar 
has not given us the names of the.'^e "Algunos escritores nacionales modernos." 

68 According to Durdn (Cap. XXXIV, p. 271), tliey remained in a degraded condition 
for 160 days at lea.st, or eight aboriginal months: ''yque les turase esta peiiitencia y 
castigo hasta los ochenta dias del segundo tributo." But they were, according to him, 
relieved ol it but conditionally : " y asi les quitauan aquellos enti edichos que e contado, 
los quales, en faltandoles, eran tornados ft poner." In order to comply with tlie de- 
mands of the Mexicans for slaves, the Tlatilulca were forced to carry arms again, so 
as to talie part in the wars. Tezozomoc (Cap. XLVI, p. 75) conflrms, but implies 
previously (p. 75) tliat the Tlatilulca were specially obligated to be the traders for 
Mexico: "y haveis de ser nuestros tratanto.s y mercadres en los tianguis de Huexot- 
zinco, TIaxcalan, Tlilinquitepec, Zacntlan, y Cholula." A similar punishment was meted 
out to them by •' Stern chief " the younger i the last Montezuma), after an unsuccess- 
ful campaign against Huexotzinco, Cholula, and Atlixco. Durdn (Cap. LIX, pp.468, 
469), Tezozomoc (Cap. XCVI, p. 170). It is, besides, positively asserted by the former 
(p. 271) tliat the "medicine lodge," or temple of Tlatilulco, was closed thereafter, 
abandoned and left to ruin and decay (''y asi dice la ystoria questuvo hasta entonces 
Ueno de yerba y de vasura y caidas las paredes y dormitorios del "). It is, of course, 
confirmed by Tezozomoc (p. 75, cap. XLVI) : '-y asi fue que lo estiuvo niuchos anos hasta 
la venida que hizo Don Fernando Cortes, Marquis del Valle, en esta nueva Espafia, 
como adelante se dira, a que me refiere." It is somewhat diflicult to reconcile these 
statements with those of Bernal Diez de Castillo (Cap. XCII, pp. 88, 89, 90, 91, Vedia, 
Vol. II), and of Sr. Icazbulceta in Cervantes- Salazar (''Tres Dialogos," note 40 to 2d 
Dial., p. 201) to the eflect that Cortes visited that temple of Tlatilulco and found '' Stern 
chief " worshipping in it, and still more difficult is it to reconcile the relation of Ber- 
nal Diez with that of Andres de Tapia {" Relacion, etc., etc.," pp. 582-586, Col. de Doc. 
II), who, as an eye-witness too, deserves similar credit. 

Tlatilulco formed a qiuirter, a fifth great one, of Mexico at tlie time of the conquest. 
This is distinctly stated by Motolinia {Historia, etc., Trat. Ill, cap. VII, pp. 180 and 
181), Torquemada (Lib. II, cap. XI, p. 93) conflrms Motolinia in general, (Lib. Ill, cap. 
XXIV, p. 295), Mendieta (Lib. Ill, cap. II, p. 182), " en el barrio Uamado Tlatelulco;" 
(Lib. IV, cap. XV, p. 414), "y el barrio se dice Tlatelulco," adding (p. 418) " que son del 
mismo pueblo de Tlatelulco; " (Cap. XVII, p. 428), ■' El convento de Santiago de Tlate- 
lulco que es como barrio de Mexico ; " (Cap. XXVIII, p. 466) , " pueblo de Tlatelulco ; " 
(Id., p. 483, Cap. XXIX). That this fifth great quarter was again divided into six 
smaller ones, is proven by Vetancurt ("Croiiica, etc.," pp. 207 and 212) : " Tiene cuatro 
religiosos que con el ministro colado admiuistran a mas de mil quinieutas personas en 



596 

This incident in Mexican history does not exhibit any features 
different from those found at the basis of tribal society, and it is 
not until the first decade of tlie sixteenth century tliat we are re- 
ferred to the period when aI)original institutions of ancient Mexico 
emerged from their former condition into tliat of political society 
proper and exhibited the features of rule as despotic as any on the 
three eastern continents. Even Robertson has so far yielded to 
this preconceived idea as to write, "This appearance of incon- 
sistency has arisen from in.'ittention to the innovations of Mon- 
tezuma upon the Mexican policy. His aspiring ambition subverted 
the original system of government, and introduced a pure despot- 
ism. He disregarded the ancient laws, violated the privileges 
held most sacred, and reduced his subjects of every order to 
the level of slaves." ^^ In general, many deeds, creditable and 
disreputable, are charged to that ill-starred "chief of men" of 
the Mexican tribe, whose tragical death has furnished a welcome 
topic to the most brilliant writers. " Wrathy chief" (Motecuzumah 
or Montezuma) was however innocent of mau}'^ or of the most, if 



seis parcialidades. que cada cual tiene sus bavrios." This is indefinite and vague, and 
we are still left in doubt as to whether there were only six or whether there were more. 
The words "each of whicli has its quarters" would indicate that each of these ''parci- 
alidades" was divided into smaller ones. Still, " parcialidad " and "baii'io" are re- 
garded as equivalent terms, and both signify /,i;is. The history of the capture of the 
Mexican pueblo has, in some details of the siege, preserved to us the names of some 
aboriginal "barrios" of Tlatilulco. Vetanctirt (Vol. II, Part. Ill, Trat. II, cap. VII, 
p. 194) mentions two of them : '-Yocacolco" (with tlie ermita of Santa- Ana) and "Ama- 
zac" (ermita of Sunta Lucia), the latter of which is again named (Cap. X. p. iOU) by 
him, and by Torquemada also. Torquemada gives a numberof names even : !Nonoluialco 
(Lib. IV, cap. XCIII, pp. 551, 552), Yacocalco (p. 552), Tlacuchcalco (p. 552), Amazac, 
Ooyonacazco (p. .552). This gives the names of five barrios of Tlatilulco. If to this 
we add " el Barrio, que se llama Xocotitlan, que es agora San Francisco, que por otro 
nombre se llama Cihuatecpan," (p. 552), we would have the sixtli quarter also. 

That the administration of Tlatilulco remained separate from that of Tenuchtitlan is 
proven by the fact that Montezuma was assisted by twenty cliiefs corresponding to the 
twenty kins of the Tenuchca o?;7?/, and without representation for tlie TIatilulca. See 
Bernal Diez de Castillo (Cap. XCV, p. 95, Vedia II). But the war-chief of Tlatilulco 
was present at the council. Thus " Itzquanhtin " is frequently mentioned as the com- 
panion of Montezuma. Saliagun (Lib. XII, cap. XVI, p. 24; cap. XVII, p. 25; cap. XXI, 
p. 28; cap. XXIII, p.. 31). Torquemada (Lib. IV, cap. LXX. pp. 498,499). Vetancurt 
(Vol. II, cap. XV, Parte III, p. 132). Clavigero (Vol. II, Lib. IX. cap. XIX, p. 153). 

Of tlie hatred between Mexicans proper and TIatilulca the last days of the siege of 
Mexico furnish numerous instances. Botli Torquemada (Lib. IV, cap. XCII, p. 550) 
and Vetancurt (Parte III, cap. VI of 2d Trat., p. 19.'5) mention the flight of the former 
into Tlatilulco as taking refuge among enemies. Finally the following passage is suffi- 
ciently plain: Z)M?-riM (Cap. XXXIV, p. 271), " E fne tanta la pertinacia de los Mexi- 
canos, que hasta que los espafioles vinieron a la tierra no les dejaron toruar d, liljertad 
uinguna, ni a tener tenipio particular." 

^o'^History of America," (Oth Edition, 1800, Vol. Ill, Book VII, p. 291). 



597 

not all, of these good or bad actions, and this simply for the reason 
that he had not the power to commit them. Thns he is charged 
with remodelling his household, removing certain assistants, and 
filling the vacancies with "scions of noble stock," creating, at 
the same time, hereditary charges. It may be that, in the case 
of simple runners for instance, the "chief of men" held ample 
authority to select his men, consequently to remove them ; but it 
is certain that for an}- office of permanence with the kin or tribe, 
he had not the least discretionary power. How insignificant his 
influence even was, when severed from organized tribal govern- 
ment, is amply shown by his utter helplessness from the very 
moment that the Spaniards had once treated him as a fettered 
captive. 61 

"1 The name is variously written "Mnlizuma," " Mntecznma," " iNIoctezuma," " Mon- 
tezuma," " Moctheuzoma," " Motecuhzoma; " and "■ Seiior sevevo," is tlie most current 
interpretation. On tlie tables of Durdn (Trat. I. Lam. 7, 8, 9, 21, 23, 23, 26) and in gen- 
eral, the " name" is painted as the head-dress ("Xiiihhuitzolli" ) of a chieftain, trans- 
pierced by an arrow. The etymology may be : "mo" — ''tiiine," "tecuhtli" — "chief," 
and "5uniale"— '-furious and wrathy " (^Molina, II, p. 28), therefore " wrathy chief," 
or "stern chief." Aside from the charges prefered against him by Ixtlilxochitl and 
his "school" of subverting gradually the basis of the confederacy, Mexican authors 
accuse hun of having revolutionized the institutions of his own tribe. These reports 
have been beautifully remodelled into classical English by Mr. Prescoit (•^Conquest of 
Mexico,'' Book II, cap. VI, pp. 809 and 310). Mr. H. H. Bancroft (Vol. V, pp. 4.57, 473, 
474, 475, etc.). is equally careful in reproducing all such tales, or a resume thereof, in a 
shape more palatable to refined and impressionable readers. 

The substance of these accusations becomes, however, reduced to the following 
statements, as expressed by Tezozomoc (Cap. LXXXIII, pp. 145 and 146): "He said 
once to Zihuacoatl Tilpotonqui : I have thought it might be well to cliange the manner 
in which the chiefs and messengers sliould be selected and to establish a different way 
from that introduced under my uncle Ahuitzotl. Let those serving within their life- 
time, be dismissed and others put in theii- places, elected from the four quarters of 
Moyotlan, Teopan, Aztacualco, and Cuepopan, — which shall be children of chiefs, and 
shall stay at the hueliuecalli, or houses of the community, with the chief-steward 
dwelling near liy. Some of the principals of this tribe now have sons, begotten from 
slaves, now — these are ]>rincipals, and let them become delegates (ambassadors, mes- 
sengers, '• embajadores "), and not be cast aside for a miserable macehual who 
becanse he is Tequihua, Cacauhtli, or Cuachic, Otomies, should therefore be set over 
the principal Mexican cliiefs, and the sous of head-chiefs (Kings, "reyes") ...... 

What I want is to bring forth those children of chieftains, which have been forgotten 
so long, and that such as held the office under the chief Ahuitzotl and your father 

Zihuacoatl may return to rest Zihuacoatl then called together the council : "al 

palacio comun," and submitted to them this suggestion, "of which they were all satis- 
fled." With this resolution Zihuacoatl went to the chief and said: I do not want 
them to be of age now, but only ten or twelve years old, that they may be instructed 
properly, and become skilled in speaking, well disposed, like unto pages to the chief- 
tain. When they had come before Zihuacoatl, as second person of the chief, he made 
along speech to them concerning their line of conduct: Every day you shall attend 
to Hnitzilopochtli and to the chief, rising early for orations, and doing the same at 
niglitfall, to become expert in the ways of penitence and sacrifice. Then you shall 
cleanse the temple, and the chief-house, afterwards have it swept before he conies 



598 

It is therefore vain to look for any important change in the 
institutions of the ancient Mexicans even at this third and latest 
date, which was the last chance, so to say, if any at all, for such 

out. Keep your dresses clean and in order, also his own dress and ornaments; his 
tress, mednl, and chain; also every five days his blow-tube and bow, that he may 
recreate himself with it. Attend to him at meal-time, morning and evening, serving 
him with cacao, roses, perfumes, with much humility and respect, never looking into 
his face under pain of death. Take care that the cooking be well done, and that tlie 
stewards provide for evei-ything. But, while there you stay, beware, for many women 
of worth are seen there, and to whose needs you have also to attend, — watch your 
behavior, for should you attempt anything against them, you and your relations will 
be driven off, and if you commit any bad action with any of these women, your fiithers 
houses will be razed, salt strewn over their ruins, and you and your lineage must 
perish." At the close of this and other (less important) talk^'it is said : " and in course 
of time they became so well bred, refined, and instructed, and skilful, that they were 
of the most prominent chieftains and leading men in this house and court." Durdn 
(Cap. LIT, pp. 416-122) does not fail to confirm the statements of Tezozomoc, extending, 
however, the removals to nearly all the offices : " asi en el servicio de sus casa y per- 
sona, como en el regimen de la provincia y reyno" (p. 417); also excluding illegitimate 
offspring (" nengun bastardo "), and giving a number of more or less pertinent details. 
He even asserts that the officers of the kins were removed. In short, he represents it 
as the introduction of absolute despotism, surrounding at tlie same time the tlirone by 
a powerful nobility. Acosta (Lib. VII, cap. 21. p. 505) and Herrera (Dec. Ill, lib. II, 
cap. XIV, p. 66), " porque raand6, que no le sirviesen sino nobles, i que la Gente Ilustre 
estuviese en su Palacio, i exercitase oflcios de su Casa, i Corte." Torquemada (Lib. 
II, cap. LIX, p. 196), Vetancurt (Part IT, Trat. I, cap. XIX. p. 328). and others, confirm, 
although in a more concise style than the first named authors. It is evident that all 
these authors must have gathered from the same source, wliich cannot be Sahagun, 
nor MotoUnia. neither MencUeta. nor any of the known conquerors. The story, as told 
and detailed bj^ Duran, presupposes a class of liereditary nobles, already formed and 
in full vigor, but excluded in part from tenure of office or ratlier sharing such right of 
tenure equally witli those of the common class. Tliis is distinctly acknowledged by 
Tezozomoc, and more particularly yet by Duran himself: " y niudar todos los que su 
tio Auitzotl auia puesto y de los que se aula servido, porque munchas dellos eran de 
baxa suerte y hijos de hombres baxos," p. 417, etc. Now I have proven (•'Teimre 
of Lands, pp. 419. 420, 421, etc., to p. 448) that there was no privileged class based on 
tenure of the soil. The revolution assumed presupposes that there was, up to the last 
"wrathy chief," no class of nobles in exclusive possession of the offices, consequenllj-, 
even if the " clilef of men " in question had any inclination or desire to oust the ''com- 
mon people" from their official positions, tlie main desideratum, namely, the "uncom- 
mon " ones wherewith to replace them, and for wliose benefit tlie whole affair was 
planned, were not on hand. For nobility not based on hereditary ownership, or heredi- 
tary command of some kind, is no nobility at all. As far as heredity of office is con- 
cerned, Duran himself is one of the most powerful witnesses against it (e. g., Cap. 
LXIV, pp. 498 and 499). If, therefore, ''wrathy chief" created a class of privileged 
office-holders about tlie year 1503, it must have been very short-lived, for it was cer- 
tainly out of existence sixteen years later, at the beginning of tlie Spanish conquest. 

The version of Tezozomoc is evidently the correct one, and thus the whole story 
dwindles down to the selection of ceitain boys, probably of his own kin, for llie 
special service of the tribal house of government, which took place tcith the knowledge 
and consent of the council only. WhetheF this act. if converted into a custom, might 
have gradually merged into prevalence of a certain kin over the rest, is another 
question, which tlie intervening conquest of Mexico by the Spaniards, has left without 
decisive answer. About the helplessness of Montezuma while a captive, see authors 
on the Conquest in general. 



599 

a revolution before the advent of Europeans. We are conse- 
quently, by this investigation of the history of aboriginal Mex- 
ico, justified in claiming the state of its society to be as yet 
exclusively tribal. 

Tribal societ}^ presupposes equality of rights among all members 
of the kins composing the tribe. Hence it follows that "caste" 
and hereditary rank could not exist, that there could not be any 
division, among the ancient Mexicans, into higher and lower 
classes, into "nobles" and "common people," or into hereditaiy 
professions or vocations like " priests," " warriors," " merchants," 
"artisans," and " tillers of tlie soil." In vindication however of 
our assertion, which might otherwise appear as too sweeping, we 
may be permitted here to dwell at some greater length on this 
particular question. 

Nobility is based upon hereditary privilege of some kind. Either 
it consists in landed propert}^ with hereditability of title and (at 
least originally) office, or in a hereditary charge alone, or privilege 
or power over others transmitted with the blood. While the former 
has become more usually known and is therefore regarded as 
characteristic, the latter, always accompanied by " loose wealth " 
at least, is still found among pastoral nations. ^^ It may even 
have been the incipient form of the other. Now, among the 
ancient Mexicans, we have seen that : — 

1. The notion of abstract ownership of the soil, in any shape, 
had not yet arisen. 

2. Individuals, whatever might be their position or office, with- 
out any exception, had but a right to use certain tracts, and no 
possessory rights, even, to land were attached to any office or 
dignity. 

3. No office itself, whether of the kin or tribe, was hereditary'' 
in any family, since the Mexican family, as such, was yet in but 
a nascent state. ''^ 

4. Futhermore loose propert^^ was subject to such diminutions 
occasioned by the mode of worship, ^^ and especially of burial, ^^ 

62 The Arabs for instance. See Kremer ('^ Geschichte der herrschenden Ideen des 
Islam" J. 

63 For these three points see " Tenure of Lands" in general, and pp. 447-18 in par- 
ticular. 

6^ MotoUnia (Trat. I, cap. IV, p. 31). " Otros trabajaban y aiiquirian dos 6 tres afios 
cuanto podian, para liacer una fiesta al demonic, y en ella no solo gastaban cuanto 
tenian, mas aun se adeudaban, de raanera que tenian que servir y trabajar otio aiio y 
aun otros dos para salir de deuda; . . ." 



600 

that it could not accumulate so as to exert any influence in the 
hands and in behalt oi any individual or of his immediate rela- 
tives. 

Consequently, aboriginal Mexico could have neither nobility 
nor patriciate, and when such a privileged class does not exist, 
it is useless to seek for another to which the term " unprivileged" 
or "common" can be applied. 

In a future essay we shall attempt to prove that the Mexicans 
had no hereditary caste of " medicine men" or priests. We have 
elsewhere shown tliat there was no caste of warriors. ^^ xhe mode 
of Tenure and distribution of the soil precludes all possibility of 
the existence of a permanent class of ''tillers." It yet remains 
to cast a glance at the so-called artisans, and at the traders or 
" merchants." 

Neither of these two professions were held to personal improve- 
ment of their garden lots (" tlalmilli ") but, like officers, they 
could have them improved by others under their names and 
for their benefit.'^''' The statement of Zurita " that a quarter 
was composed of all kinds of people" ^^ disposes of the opinion, 
that such quarters contained each but members practising a single 
trade. Thus there was no geographical agglpmeration by pro- 
fessions.^^ Again, no rule existed enforcing or establishing here- 
ditament in kind of work, or manner of sustenance. The son 
might embrace, at his choice, his father's occupation, but nothing 

^"^ Compare the burial rites of the Mexicans as reported by the majority of old 
sources. 

0" "Art of War " (p. 98, notes 8, 9, 40). Zurita " Rapport," (p. 48), " lis ^taient tenus 
seulement an service militaire, pour lequel aucune excuse n'etait admise." 

6' " Tenure of Lands " (p. 42(5, note 98). Consult the authorities therein quoted. 

68" Rapport" (p. 224). 

6^ It is mostly on the authority of Sahagun (Lib. IX, vol. II), that the settlement by 
professional clusters is admitted. Ixtlilxochitl (" Histoire dea ChichimSques," Cap. 
XXXVIII, pp. 2(i2 and 2(i3. " Duodecima Relacion," p. 388, Kingsborough, Vol. IX) also 
Bays that, at Tezcuco, each profession had its own quarter in the pueblo. But an 
attentive reading of the first author named (Cap. XVIII, p. 392), where he treats of the 
featliervvorkers " De los oflciales que labran pluma, que hacen pltimajes, y otras cosas 
de la misnia," satisfies us at once of the fact, that the venerable author only refers to 
worship of certain idols in a certain quarter, and not to compulsory residence therein, 
of certain kinds of working men. Nowhere does he say that the "Amantecas " wer 
a?i featherworkers. He mentions a barrio "Amatlan" or "Amantla." Might it be 
the "Amanalc.o" of Vetancurt? Compare also Torquemada (Lib. VI, cap. XXX, pp. 
59 and 60), Motolinia (Trat. I, cap. XII, pp. 67 and 68). " Kl conquistador. Jnonimo" 
(Col. de Doc. Vol. I). " Le piazze de i mercati," (pp. 392 and 393). although concerning 
tlie markets exclusively. Herrera (Dec. III. lib. IV, p. 138. cap. 138), " i estos andaban 
por los Barrios, porque en ellos havia de todo genero dc gentes." Copied after Zurita 
Vetancurt (Part II, Trat. I, cap. IV), Claxngero (Lib. VII, cap. LI, p. 561). 



601 

compelled him to do it J" It is true, that such as formed gold or 
silver into pleasing or (as viewed from eastern notions of taste) 
rather striking shapes, enjoyed some particular consideration ; 
but this was not so much in deference to their skill, as to the 
m((ier?-a^ upon which they exerted it. Gold ("teo-cuitlatl") and 
silver (" Iztac-teo-cuitlatl") were regarded as "offal of gods." 
Thus they became objects of " medicine," and those who wrought 
them into useful or decorative articles, were near to the "medicine- 
men " themselves,'''! Furthermore, the manner and method of 
working was so slow, it relied so exclusively upon that patient 
disregard of time which characterizes even the manufacture of 
a simple arrowhead, that no accumulation of wealth could result 
from it.'''^ Besides, the artisan had, like any other member of 
the kin, to furnish his share towards the requirements of public 

'0 Zurita (" Rapport, etc ," p. 1'29). " Les chefs inferieurs et les personnes du peuple 
61evaient aiissi leurs enfaiits avec beauconp de soin, leur inspiraient I'horreur du vice, 
leuv i-econimandaient le respect des dieux, les condiiisaient aux temples et les faisaient 
travailler suivant leurs dispositions; cependant, en general, le tils enibrassait la pro- 
fession de son pere." Gomara (" Conquista, etc.," Vedia, Vol. I, p. 438). " Los pobres 
ensenabaii a sus hijos sus oflcios, no porque no tuviesen libertad par;i mostralles otro, 
eino porque los aprendiesen sin gastar con ellos." Carlos Maria de Bustamante. 
Tezcoco en los ultimas Tiempos de sus aniiguos Reyes," 1826. Parte tercera, (Cap. Ill, 
p. 212). "Ensenaban ademas los ofloios a que tenian aflcion " Claoigero (Lib. VII, 
cap. V, p. 4«2). <'The sons generally learned the trade of their lutucis," but they 
were not bound to do it, and therefore no •' caste." 

'iTlie words are composed of: "Iztac," white object {Molina II, p. 49), "Teotl"' 
god (II, p. 101), "Cuitlatl" filth, therefore gold was '-offal of God," and silver, 
"white oflfal of God." 

The working of gold and silver was regarded, by the Mexicans, as an invention of 
"Quetzalcohuatl." Sahagun (Lib. Ill, cap. Ill, p. 243), " y los vasallos que tenia erau 
todos oflciales de artes mecanicas, y diestros para labrar las piedras verdes, que se 
llaman chalchivites, y tambien para fundir plata, y hacer otras cosas; y estas artes 
todos tuvieron principio y origen de 1 dicho Quetzalcoatl " (Also Lib. X, cap. XXIX, 
p. ll;i, etc.) Theft of gold or precious stones was punished by death through sacrifice. 
Clavigero (Lib. VII, cap. XVII, p. 487). Vetancurt (Parte Ila, Trat. 1°, p. 484. '• Leyes 
do los Mexicanos"). 

'2 A very remarkable way of manufacturing their most admired works — those made 
of feathers — is reported by Mendieta (Lib. IV, cap. XII, pp. 405 and iOH): "And there 
is, besides, something else to notice of this featherwork, namely: that if there are 
twenty artisans, they will undertake jointly the manufacture of one piece ('• imagen"), 
for, dividing among themselves tlie figure of the image in as many parts as there are of 
their number, each one takes his piece home and finishes it there. Afterwards they all 
meet again and put their pieces together, thus finishing tlie figure in as perfect a 
manner as if one alone had made the whole." (Copied by Torquemada, Lib. XIII, 
cap. XXXIV, p. 489, and, with slight variations, also by Vetancurt, Vol. I, p. S89.) In 
regard to the manner of working, Torquemada (Lib. XIII, cap. XXXIV, p. 487), makes 
the pertinent remark : "All this they worked (as we have said) with other stones, and 
with flint; and according to the subtlety of the work, I think they must have spent long 
time in finishing it." See in general E. B. Tylor {•^Researches into the Early History of 
Mankind," Cap. VII, pp. 187 and 188), also Motolinia (Ti-at. I, cap. IV, pp. 81 and 32), 



602 

life:^^ hence little was left to him be3'ond his legitimate wants. 
We see thus, that hardly any chance was given for the formation 
of a class which, resting upon the kind of occupation, might 
assume the position of "caste" in the organization of aboriginal 
Mexican society. 

It is repeatedly asserted, and on high authority, that the mer- 
chants or traders of Mexico enjoyed particular privileges. We 
must premise here that merchants, in the sense of venders of 
other people's manufactures or products (thus living off" of the 
difference between cost and proceeds) were known only in one 
way.''''* The name for merchant was "man who exchanges one 

''^ That the artisans or mechanics contributed a portinn of their wares in the shape 
of tribute, is amply proven. See for instance, Oviedo (Lib. XXXITI, cap LI, p. 530. 
Easily misunderstood!) This passage of Oviedo explains tl;e action of '' wrathy 
chief" towards the "jewellers " and " goldsmitlis " at the arrival of Cortes, as related 
by Tezozomoc, Duran, and by Sahagun. See also: Zurita (" Rapport, etc.," p. 223). 
Bustamante (" Tezcoco, etc.," Parte III, cap. V, p. 232). Herrera (Dec. Ill, lib. IV, cap. 
XVII, p. 13S). Clavigero (Lib. VII, cap. XV, p. 480). Bancroft (Vol. Ill, cap. VI, pp. 
231 and 232). 

'*The existence of currency, or of money, in ihe shape of grains of cacao, T shapen 
pieces of tin or copper, and quills filled with gold dust is generally admitted. See 
for instance, Prescott (■■ Conquest of Mexico" Book IV, cap II. )). UO). H. H. Bancroft 
(Vol. II, cap. XII, pp. 381, 382, and 383). Cacao played, among the ancient Mexicans, 
the same role as "wampum" did among tlie northern Indians, for purposes of ex- 
change, but did not go beyond it. In regard to the so-called copper or tin coins, or 
rather marks or checks, it is well to examine the matter more closely, Cortes (" Carta 
Quarta" in Vedia I, p. Ill), says very positively that at Tachco, he obtained 
sundry small pieces of tin like very thin money ("S, mauera de moneda muy delgada"), 
which he indeed foimd to have been used as currency by the natives, (" hallo que en 
dicha provincia, aun en otras, se trataba por moneda "). Bernal Diez (Cap, XCII, p. 
89, Vedia II) mentions axes of " brass, copper, and tin " ("hachas de laton y cobre y 
estaiio"), bartered at the market place of Tlateliilco, " and before we left tins square 
(" plaza ") we met with other traders, who from what they said, sold gold in grains as 
they obtained it from the mines, and enclosed in quills of the geese of the land, and so 
thin (" asi blancos" so white) that the gold might be seen, and by the lengtli and size 
of the quills they determined how many mantles or " jiquipiles " (bags of 8000 grains) 
of cacao they were worth, or slaves, or any other things for which they bartered it," 
("6 otra qualquier cosa a que lo trocaban"). Gomara (" Conquista, etc.," pp. 348 and 
349). "Hut the chief one is cacahuatl, which serves as coin, , . ." "Their buying and 
selling consists in exchanging one thing for another. , . ." (Id., p. 4.51). "No tenian 
moneda, teniendo inucha plata, oro y cobre, y sabieiidolo hundir }• labrar, y contratando 
mucho en ferias y mercados. Su moneda usual y corriente es cacauatl 6 cacao." 
Oviedo (Lib. VIII, cap. XXX, iip. 316, 317. Lib. XXXIll, rap. LI, p. 53(5) mentions only 
cacao as currency. Torquemada (Lib. XIV, cap. XIV, p. 2(i0). " It was customary at 
these marts ('en estos mercados') to exchange ("trocar') one thing for another, and 
even nowadays this is sometimes practised; but everywhere cacao is most commonly 
used. In otiier parts they used, besides, some small mantles which they call Patol- 

quaclitli Elsewliere they used plentifully some copper coins, almost like unto 

(" de liechura") a Tau T, two or three fingers wide and made of thin plates (•' plan- 
cliuela") some thicker, other less thick. Where tliere was much gold (" doude avia 
mucho Oro"), small quills filled with it, circulated among the Indians," ("tiaian nnos 
Canutillos de ello, y andaba entre loa ludios mucho de esto"). Alonzo Zuazo (" Carta 



603 

tiling for another" ("tlanamacani"),'^^ ^nd such was every arti- 
san, since, in the market phice of aboriginal Mexico, every artisan 
bartered his own manufactures for whatever he needed for sub- 



al Padre Fray Luis de Figueroa." Santiago de Cuba, It Nov., 15'21. Col. de Doc. Vol. I, 
p. o61). "Hay una nioneda entre ellos con que venden y compraii, que se llama 
cac.diuate, . . ." Anonymous Conqueror (p. 380, etc.) mentions Cacao, "e e moneta la 
pin comiine, nia niolto incomoda dopo I'ovo e I'argento .... Acosta (Lib. IV, cap. 3, 
p. 198) •' Xo se halln. que los Indios usassen oro, ni plata, ni metal jiaia moneda, ni 
para precio de la cosas, nsauanlo para ornato, como csta diclio." The statement of 
Torquemada is plain. While it explains the gradual ascent and development of the 
notion that the Mexicans had an equivalent to money, it clearly proves that only barter 
and exclianue, and no actual l)uying, toolc place. Tlie coiiper-plates which, as Mr. Ban- 
croft justly lemarks, " constituted perhaps the nearest appi'oach to coined money," 
still wore not intended even for such a purpose, since they were of varying size and 
tiui'knes.s. But the .stoi-y of tlie copper or golden ^'Eagles" given to the Mexican traders 
as money wherewith to buy, as faithfully reported and gravely discussed by Mr. Ban- 
croft also, deserves some special ventilation. This story is taken from Sahagun {Lih. 
JX, (^ap. II, p. 3f2) " y dabales 1600 toldillos, que ellos Uaman quauhtli para rescatar." 
Tliese toldillos they divided into two parts of 800 each. Now Sahagun's editor, Sr. 
C. M. de Bustamante, very confidently asserts in note a, (p. 3-12): "Era una moneda 
que consistiaen unos pedazos de cobre cortados en ligui'a de T. — Clavigero, torn. I, pag. 
340." The reference to Clavigero is for Lib. VII, cai). XXXVI. Now "Toldillo" is 
derived fiom " toldar" that is, to shroud or cover, and means merely a cover, and not a 
])iec,e of mclal. Used al.so for a covered litter or portable chair. Besides, "quauhtli" 
indeed signiiies Ktijile, but it is an evident misprint and should read "quachtli," which 
signifies a mantle or sAee^, thus perfectly agreeing both with the "toldillo" and with 
tlie " patolquachtli " of Torquemada. Tlie '-golden eagles" of Mr. Brasseur are 
therefore rendered utterly useless. 

Anyone reading Tezozomoc will see at a glance what a conspicuous part these 
mantles "Quachtli," {!S[oUna. II, p. 84) played in intercourse and barter. According to 
Jiami'ez de Fuenlcal (Letter, etc.. Col. de Doc's cone, le Mexique, I, p. 251) they 
Ibrmed to a certain extent the basis of tribute. These cotton-sheets are well described 
by Peter Martyr (" De nouo Orhe.'" Dec. V., cap. X, p. 230) : "Concerning the shape and 
fashion of their garments, it is ridiculous to behold: they call it a garmente, because 
they coiier themselves therewith, but it hath no resemblance with any other garment, 
of any fashion : it is only a square couering like unto that, whicli your holiness cast on 
your shoulders, sometimes in my presence, when you are about to kimbe your heade, 
to pi'eserve your garments, least haire, or any other filth should I'al upon them. That 
i'ouering they cast about their necke, and then knitting two of the four corners under 
their throate. they lette the couering hang downe, which scarce couereth the bodie as 
lowe as the legges. Having seen these garments I ceased to wonder, that so great a 
number of garments was sent to Cmtes, as we mentioned before: lor they are all of 
sm.ill moment, and many of them take uppe but little roome." 

With the absence of money the profession of merchant as one who lives from the 
profits of his sales, becomes Imi'ted almost to what he can gather from outside of his 
own community, in other words, to what he can import. Their main and almost exclu- 
sive business consisted in effecting intercourse between the tribes. At home, every 
artisan sold or rather exchanged his own wares in the public markets. See Cortes 
{"Carta Segunda," Vedia I, pp. 32 and ;^3), Bernal Dies {•'Hist, verdad.," etc., Vedia II, 
p. 8!), cap. XCH), Gomara {•' Conquista," p. 348, Vedia I), "Cfida oflcio y cada mercade- 
ria tiene su lugtr seiialado . . . .", Sahagun (Lib. X, cap. XVI, p. 41), "El que vende 
piedras preciosas, 6 lapidaiio es de esta propiiedad, que sabe labrar sutilmente las pie- 
dras preciosas y pulirlas. . . ." Ho mentions as manufacturers of their own goods 
tiie following: "plateros de oro" (41), "Tratantes en niKntas" (Cap. XVII, 42), "que 
venden mantas," "que venden cotai-as" (Cap. XX, pp. 48, 49 and 51), "olleros," " que 
4* 



604 

sistance. Another name for the same profession was " man 
who takes more than he gives" "tiamicqui,""^^ a surname or 
slur. Lastly they were called " puchtecatl."^''' It is with this 
title that traders appear, among the ancient Mexicans, as privi- 
leged people. But such the}^ became always only under peculiar 
circumstances. At certain intervals of time a number of men 
gathered, forming a company for the purpose of visiting the 
market places of other tribes and exchanging their home products 
for those of distant regions. Such an enterprise was always a 
great venture, and required a peculiar organization. The par- 
ticipants were to be numerous enough to resist the assaults 
of straggling bands, but the\' sliould not appear so numerous 
as to arouse suspicion. They should be well aimed, but at 
the same time anxious to avoid collision. They needed a 
certain number of carriers, not only for the wares which they 
took along, but for their supplies, still the number of these 
carriers could not be too great. Such an expedition was in 
reality not a private, but a tribal undertaking. Its members not 
onlj' carried into distant countries the industrj'^ of their tribe, 
but they also had to observe the customs, manners, and resources 
of the people whom they visited. Clothed with diplomatic at- 
tributes, they often were less traders than sjnes. Thus the}^ 
cautiously felt their way from tribe to tribe, from Indian fair to 
Indian fair, exchanging their stuflf for articles not produced at 
home, all the while carefully noting what might be important to 
their own tribe. It was a highly dangerous mission. Frequently 
they never returned, being waylaid, or treacherously butchered 
even while enjoying the hospitality of a pueblo in which they had 
been bartering. 

The safe return however of such a party to the pueblo of 
Mexico was always an important and joyful event. The recep- 
tion was sometimes, in solemnity of exercises and in barbarous 

venden comales," "que veiiden cestos," " que vende petacas" (Cap. XXIII, p. 56, etc.), 
"oflcial de navajas," "Lo? que hacen esteras " (Cap. XXIV, p. 69). In general, nearly 
all tlie aboriginal manufacturers are mentioned by him also as selling tbe products of 
their industry, and vice versa. H. H. Bancroft (Vol. II, pp. 3S3 and 38+, cap. XII). 

"* Molina (" Vocabulario " Parte la, p. SI). •' Tlanamacac," "tendero," " a vendedor de 
algo," Parte Ila, p. 127 ; " nite-tlananiictia," " dar o trocar iina cosa per otra, o recom - 
pensar " (p. 137, II). Exchange and sale appear almost synonymous. 

'6 Molina (Parte la, p. 81), From '' nite-tiamicaquitia," " mohatrar " (II, p. ll'i). 

''T Molina (I, 84), .llso (11, 83, 84). Salmyun (Lib. IX, cap. Til, )). 318, cap. V, pp. 354, 
355, cap. X, p. 373, etc.), calls them also: " naoaloztonieca," literally " (leddlars of the 
Nahuatl." Molina (II, p. 78). The derivation of both words I am unable to give. 



605 

pomp, second only to that of the tribal forces returning from a 
successful campaign or foray. The traders went first to the 
central place of worship, there to stoop before the idols in token 
of tidoration. From the great "medicine-lodge" the band re- 
paired to the " tecpan," where they met the council of the tribe 
and its leading officers. Sometimes in presence of a concourse 
of people, and again if required, in "secret session" the traders 
communicated, for the benefit of the tribe, any results of their 
explorations. After this their particular quarters gave them ap- 
propriate receptions also, and in some instances even the whole 
tribe celebrated their return with solemn dances, and a distri- 
bution of victuals corresponding to what in our time would be 
called a popular feast. 

In order to realize tlie substantial results of such expeditions 
we must bear in mind, that whatever they brought back had to 
be carried by men. As already intimated, the number of these 
men was limited. They could not, without jeopardizing the 
object of their mission or enterprise, take large bodies of assist- 
ants along. Besides, as these assistants also had to carry their 
own food, providing for many journeys through uncultivated 
(" neutral ") wastes, this also restricted the amount of material 
brought home. However precious that material might be to the 
Mexican tribe, it was certainly limited in quantity. Finally, 
custom demanded that the most highly priced articles should be 
offered up to worship, to tlie stores of the tribe and of the kins. 
Little material gain therefore, remained to the courageous trav- 
ellers themselves. The proceeds of their enterprise were largely 
for the benefit of the community and the reward bestowed upon 
them by that community rather than the profits derived from any 
traflSc, composed the personal gain of the participants. This re- 
ward consisted of presents out of the public stores, and especially 
in the marks of distinction bestowed upon them. 

Thus the so-called "merchants" of ancient Mexico became 
equivalent to distinguished braves, and their deeds entitled them 
frequently to the rank of chiefs. But if, on one hand, they had 
no opportunity to secure anything like personal wealth, on the 
other the rewards of merit did not attach to their offspring. No 
class of traders, no caste of merchants, can therefore have existed, 
and if a certain well-earned consideration attached itself to the 
person of those who embraced occasionally such a hazardous 



606 

and important occupation, this consideration did not go beyond 
the persons themselves, and was in proportion to the value of the 
acliievements.''''* 

'8 Prescott {'^Conquest," Book I, cap. V, p. 147). Bancroft (Vol. II, cap. XII, p. 387, 
etc.). Bastian ('•Cultuilaender," Vol. 11, pp. (597 and G98) and others like Brasseur de 
Bourhourg {'^Histoire des Nations civiliseex du Mixique'et de V Amirique Centrale" 18.57- 
1859. Paris, Vol. HI, p. G12, etc.), have given more or less detailed descriptions of tlie 
Mexican mode of traffic and commerce. Among the older sources, and those whieli 
necessarily formed tlie basis of my imperfect sketch, the leading position is occupied 
by Father Sahagun (Lib. IX, Vol. II, ''Historia general de la Cosas de Nuei-a-Espaha). 
From these statements we gather, what has already been said (note 58), that the Tlati- 
lulca were the leading traders (Cap. I, pp. 3;!5, 33()), and that they weie organized and 
directed by particular chiefs of their own. Tlie venerable father is not very clear in 
the matter of these particular officers, as (Cap. I) he names first two (p. 335), then five 
(p. 337, cap. II), and lastly (Lib. X, cap. XVI, p. 40), one: "'Seuor 6 Principal entre 
ellos," whom he calls: " puchtecatlailotlac, 6 acxotecatl, que es tanto, como si 
dijesemos que es gobernador de los mercaderes, y estos dos nombres y otros muchos 
que estan puestos en la letra, se atribuyen al cpie es mayor principal gobernador 6 seiior 
6 qi;e es casi padre y madre de todos los mercaderes." (Lib. IX, cap. Ill, i)p. 348 and 
349), he speaks of " the princiiials." " los mercaderes viejos " as '' speakers of the 
traders" '' pochtecatlatoque." Further on (Cai). X, p. 372), he speaks of Lhe " poch- 
tecatlailotlac " as the princii)als. We must infer Irom tliis that there were a ^lumber of 
these leading traders, and not one chief ol' the "caste." This evidence or rather indi- 
cation of a possible separate organization .is not noticed by Torquemada (Lib. XIV, 
cap. XXVII, p. 586), who simply speaks of the '-old traders who reriiained at the 
pueblo." Clavigero (Lib. VII. cap. XXXVIII, pp. 52ti and 527) merely mentions the 
older and the younger traders, but says nothing of a peculiar organization. It is 
singular, besides, that those authors or more properly chroniclers, in whose annals of 
jNIexican warfare the Mexican traders play a very conspicuous part, make no mention 
at all of this peculiar caste-like organization which Sahagim seems to impl}'. Those 
authors are Durdn and Tezozomoc. (In tliis instance I need not resort to detailed quo- 
tations, since the lelerences in their works are far too numerous). Furthermore, 
Zurita, who is very detailed in his " liapport." or rather as the full tiile has it '• Breve 
y Suinaria Relacion de los Senores, y nianeras y diferencias que luihia de ellns en la Sueva 
Espana," while enumerating carefully the ditterent kinds of chiefs and officers, is rather 
reticent about any such organization of tlie n'.erchants. Compare for instance, p. 
223, where he distincllj' says that, they had a chief to treat with the " Lords and gov- 
ernors" in tlteir name, and p. 240, wliere he incidentally mentions a "chief of the 
merchants" only. Sahagun goes further yet, however, in stating (Lib. IX, cap. V, pp. 
35G and 357), that the merchants had their own jurisdiction over themselves, apart 
from that of the tribe or kin : ' y los seiiores mercaderes que regian a los otros, tenian 
pov su jurisdicion y judicatoria, y si alguno de estos hacian algun delito, no los Uevabaii 
delante de los senadores a que ellos los juzgasen; sino que estos mismos que eran 
seiiores de los otros mercaderes juzgaban las causas de todos por si ; si alguno incuri-ia 
en pena de muerle ellos le sentenciaban, y niataban 6 en la carcel, 6 en su casa, 6 en 
otra parte segun que lo tenian de costumlire." This he distinctly applies to the 
" pochtecas " of Tlatilulco, and to the time wlien " wrathy chief" (Montezuma the last), 
was at the head of the Mexicans. Not content with this he relates (Cap. II, pp. 339-342), 
how the merchants of Tlatilulco alone conquered several tribes, subjecting them to 
tribute for the benefit of the Mexicans. In all these statements Father Sahagun stands 
quite alone, and, if not directly contradicted, he is, at least so unsupported As to make his 
reports rather doubtful so far as they concern the organization and power of these 
traders as a distinct class. The stoiy has a suspiciously Tlatilnlcan coloring. Com- 
pare note 58. It is interesting to note, in connection with this, that .Sahagun derived 
the information, the which he laid down in his '-Historia general," almo&t exclusively 



GOT 

After this review of the question of stratification, so to saj', 
among the ancient Mexicans, it may appear strange on our part 

from Tlatilvlcan sources (" Prologo," pp. 4 and 5, Vol. I). This diminishes necessarily 
in tliis instance, the value of his otherwise very full and highly important Xestimony. 

The existen( e of such a body, powerful tlirough wealth as well as through mental 
and intellectual faculties would, even as much as nobility, at once have destroyed the 
tribe as such, by breaking up the kins. The inconsistency of such a picture with the 
historical facts is glaring, and is shown even by the statements of modern wiiters. 
Compare for instance, Mr. H. H. Bancroft's statement of the condition of Tiatilulco 
after its cai)ture by tlie Mexicans (Vol. V, p. 431), •' lieavy tributes were imijosed, in- 
cluding niiiny special taxes and menial duties of a humiliating nature" with his 
description of tlie state of its "merchant princ-es" (Vol. II, pp. 880 and 881). One fact 
is evident; if the traders formed occasionally, lor certain purposes, clustei's of their 
own, the)^ selected their own leaders or directors and this was the case with trading ex- 
peditions as well as with feasts. See on feasts: Sahagun, Lil). IX, cap. Ill to XIV 
inclusive, lAh. I, cap. XIX, pp. 39 to 3-2. Motulinia. Trat. I, cap. VIII. p. 47. Acosta, 
lAb. V, cap. XXiX, p. 889, etc. Torquemada, Lib. VJ. cap. XXVUI, i)p, .57 and 58. Lib. 
XIV, cap. XXVII, pp. dSH and .587. Claviyero, Lib. VI, cap. VTI, p. 860. Lib. VII, cap. 
XXXVIII, p. 520, etc., and otliers. But as to any separate, permanent government 
of their own, this rests exclusively upon the authority of Sahagun, whereas it is amply 
proven, on the other hand, that any crime committed in trade or barter, was summarily 
disposed of by the regular officers of the kin or tribe without regard to tlie traders or 
merchants. Wo sliall furnish the evidence in regard to this point in another note. 

That the "pochtecas" occupied but one calpulli, that of Pochtlan, is also disproved, 
and even by Sahagun himself (Lib. I. cap. XIX, p. 31). "En este calpulli donde se 
contaba el mercader." (Lib. IX, cap. Ill, p. 347) : "respondiante los mercadercs prin- 
cipales de los barrios que son uno que se llama Pochtlan, otro Aoachtlaii, y otro 
Atlauhco come esta en laletra")- (Cap. Ill, p. 349) "convidaban a solos los merca- 
deres de su bariio; pues el que habia de ir por capitan de la C(mipaiiia de los que iban, 
no solamente convidaba ft los de su barrio, sino tambien a los que habiau de ir con el." 
Also by ^urita C'Jhippm-t," etc., pp. 223 and 224). 

Lastly tlie question of wealth amassed in such quantities as to become an influen- 
tial power in the merchants' hands, is also summarily disposed of by Sahagun. How- 
ever often he speaks of riches gathered by them, the following quotations show how 
it must be understood : (Lib. IX, cap. II, p. 338, Speech of one ol the traders) "Cuando 
lleguemos ft nuestro tieira, sera tiempo de usar los barbotes de anibar, y las oregeras 
que se llaman quetzalcoyolnacohtli, y los aventaderos y ojeadores de nijscas, las man- 
ias ricas que hemos de traer, y los maxtles preciados, solo esto sera nuestra paga, y 
la seiial de nuestra valentia," (p. 841) '' y que las otras presias que les dio que arriba se 
dijeron, solo ellos las usasen en las grandes flestas . . . ." It thus appears that hoard- 
ing of any actual n-ealth was not to be expected. The lack of currency alone made it 
almost impossible for want of space, and gold and silver being only used lor orna- 
mental purjjoses and as a part of •' medicine," we should mistake in expecting any- 
thing like "treasures." Here, as anywhere else, tlie supply was regulated by the 
demand, and this demand was in turn created by the numbers of the population, and 
by the use made of the metal. Since the latter was used only in a few ways, tliis had 
its efl"ect on ilie amount also. Another cause, which is not sufficiently estimated, is 
found in the fact that carriers had to be used for everytliing, including food. Now, 
even if thousands went along (of which there is hardly any proof), the load of each 
hardly exceeded sixty pounds: " y dalian ft cado uno de estos que tenian alquilados, 
para que Uevasen acuestas la carga que tenian sefialada, y de tal manera las compara- 
ban que no eran muy pesadas" (Cap. Ill, p. ;i50, Lib. IX). Don Antonio de Mendoza 
{"Avis sur les prextations personnelles etles Tamemes, \er Kecueil of Ternaux-Coin)jans), 
says in 1.550, "Tliey must not carry any loads htavier than two arrobas," or about lifly 
pounds. Bartolome de las Casas (''Brevissima relacion de la destruijcion de los Y71- 
dias," Venetia, 1(J43, Italian and Spanish, 11. 101), complains of three to four arobas or 



608 

to concede, that nevertheless there were two very distinct classes 
within the area occupied by the tribe enjoying each a very dif- 
ferent quality of rights. Now equality of rights is the fun- 
damental principle of kinship ('^ if therefore there was a body 
connected with the tribe whose rights and privileges were inferior, 
it follows that the members of this body must have stood outside 

seventy-flve to one hundred pounds, as an excessive load. Clavigero (Lib. VII, cap. 
XL, p. 529), sixty pounds. 

To conclude, I advert to the fact that the traders were held to tribute and especially 
to offerings for worship, as strictly as any other members of the tribe. I merely refer 
to Herrera (Dec. Ill, Lib. IV, cap. XVII, p. 138), who embodies in a few words the 
statements of other writers. Motolinia (Ti-at. I, cap. IV, p. 76), "No se desvelan en 
adquirir riquezas," and further on to p. 77 ; also (Trat. I, cap. IV, p. 31), " otros trabajii 
ban y adquirian dos 6 tres aiios cuanto podian, para hacer una fiesta al demonio, y en- 
ella, no solo gastaban cuanto tenian, mas aun se adeudaban". The picture of the 
ti'ading expedition is mainly talien from Sahagiin (Lib. IX, cap. II, 111, IV) and Torque- 
macla (Lib. XIV, cap. XXVII). The reception only applies to cases of great impoi-- 
tance. But every departure of a meroliant as well as his return was I'easted by tlie 
traders of his •' barrios," sometimes witli tlie concurrence of other barrios and of the 
cliiefs and oJHeers. 

That, in consequence of their deeds, the merchants and traders were treated with 
distinction and created chiefs, follows. from Sahagun (Lib. I, cap. XIX, pp. 30 and .31), 
" para que fuese lionrado en el puelilo. y tenido per valiente: ponianle un barbote de 
ambar, que es una piedra larga amarilhi trasparente, que cuelga del beso bajo, ahuje- 
i-ado, en senal de que era valiente y era noble, y e.sto se tenia en mnclio." But espe- 
cially (Lib. IX, cap. II, pp. .338-341), " Estos mercaderes eran ya como caballeros, y 
tenian di visas particulares por sus hazanas "). "Des Ceremonies observers autrefois par 
les Indiens loisqu'ils faisaieiit un tecle" (Ternaux. \er Heciiei), pp. 233 and '231). Tlie cus- 
tom of giving the lank of chief ("tecuhtli") to traders lemaiiied after the conquest 
when the chief became transformed into the Spanish hidalgo in consequence of a mis- 
conception of the Ibriner dignity. Tliis is shown plainly by the arch-bishop. Fray 
Alonzo de Moniufar {-^Siipplique a Charles V en faveur des Maceuales, Mexico, 30 Nov. 
l.i.51, French translation by Mr. Teinaii.x, Appendix to his '■^CruaaUs horribles des Con- 
quJrants du Mexique," p. 257). It was done to evade taxation. 

The true position of the Mexican traders in their tribe and society is also stated 
plainly by Sahagun (Lib. I, cap. XIX, p. 30) : '• Sou estos mercaderes sufridores de 
miichos tiab;ijos. y osados i>ara entrar eu todas las tierias (aunque sean las de enenii- 
gos) y miiy a:?tntos pava tratar con los estraiios, asi aprendiendo sus leiiguas, como 
tratando con ellos con benevolencia para atraerlos asi con su familiaridad." (Lib. IX, 
cap. II, p. 339) "pues que aunque nos llainaraos mercaderes y lo pareceinos, somos sol- 
dados que disiinuladamente andamos a conquistar." (Id., p. 3il) "Los dichos merca- 
deres del Tlaltelolco se llaman tambien capitanes y soldados disiraulados en habito <le 
mercaderes que andaban por todas partes." (p. 342) "Cuando quiera que el sefior de 
Mexico qiieria enviar a lo.s mercaderes, que eran capitanes y soldados disimulados a 
alguna provincia para que la atalayasen." Zurita (_" Rapport,'" etc., p. 223) " lis jouis- 
saient de certains privileges, parceque leur iirofession etait utile ii I'etat." This is 
textually copied by Bustamnnte {•' Tezcoco," Parte Ilia, cap. V, p. 232). They were fre- 
quenily but official spies and used as such, not only 6// the Mexicans, but against the 
Mexicans by foreign tribes. Mendieta (Lib. IL cap. XXVII, p. 130) copied by Torque. 
mada (Lib. XIV, cap. II, p. 638). 

" X. //. Morgan (_•' Ancient Society," Part II. cap. II, p. 85. in relation to Iroquois 
nioi-e i)articularly). Among the ancient Germans or Teutons, see Heinrich Luden 
(" Oeschichte des teutscken VoUces," 1825, Vol. I, Lib. Ill, cap. V, on the " Gau," pp. 
492 and 493). 



609 

of any connection by kin. This presupposes a class of outcasts 
from the bond ofkinshijy. 

Tlieie is no evidence of the formation of such a chister prior 
to the permanent settlement of the tribe. Neither can we trace 
its gradual increase from a given time. But a glance at some of 
the rules of kinship, and at the practical working of these rules 
finally crystallizing into an equivalent for laws, will enable us to 
discern its origin. 

The relation of sexes being at the bottom of society based 
upon kin, it follows that sexual intercourae gradually assumed a 
]-egulatcd shape, proportionate to the progress in institutions. 
The ancient Mexicans had, as we have already established, ad- 
vanced into descent in the male line, and had secured a nascent 
state of the modern family. Marriage was well known to them 
as a riile. But so powerful was ilie influence exercised by the kin, 
as unit of public life that, once the ritual union of a couple ac- 
knowledged as a necessity for future joint life, it exacted of its 
male members the obligation to marry for the purpose of propa- 
gating and increasing the kin. Only such as were naturally help- 
less, and such as in view of " medicine" made vows of permanent 
chastity, were excused. Any other youth therefore, who refused 
to take a wife at the proper age, was treated with contempt and 
consequently expelled from the kin.^" 

Woman, among the aboriginal Mexicans, was in a singular 
predicament. Through the establishment of descent in the male 
line she lost her hold on public life, (which she latterly regained 
through the establishment of the family proper) and thus remained 
little else than a chattel in the power of man. Still, the ritual act 
of marriage being once adopted, the same obligation to niarr}-, 
which we have already found incumbent upon the male, also 
devolved upon the female, and an}' girl therefore, who did not 
"take vows" for "medicine," oi' who was physically not mis- 

fio Clavigero (Lib. VII, cap. V, p. 461). Zurita ("Rapport, etc.," pp 1.3.<? and 134) 
" s'ils ne voiilaient pas prendre des femmes, on les congediait." Mendieta (Lib. II, 
cap. XXIV, p. l'2.i), "Llegados a la edad de casarse, .... Si pasando la edad se 
descnidaban, y veian que no se queiian casar. tresquijabanlos, y despedianlos de la 
conipania de los mancebos." This meant exclusion from tlie kin since, as soon as they 
were married, ''they were classified, since, according to their custom, they were 
divided into sections each of which liad a chief or captain, as well for tlie collection of 
taxes as for other reasons." These "chiefs or captains" were tliose of the calpuUi. 
Zurita, (p. 135), also Bustamante, (•• Tezcoco," Part III, cap. Ill, p. *213), '•Cuaiulo se 

casaban los empadronaban " Torquemada (Lib. IX, cap. XII, p. 186, almost a 

copy of Mendieta). 



610 

shapeii, if she did not join a Inisband at tlie proper age, was 
also regarded as a reprobate. ^^ 

To these two kinds of outcasts others should be added. It is 
a known fact that, if an}- member of a calpuUi failed to cultivate 
his garden lot for two 3'ears, or if he failed to have, it cultivated 
under his name, then he lost every and all rights thereto. This 
implied expulsion from tiie calpulli, consequently again, expulsion 
from the bond of kinship. Any one who removed from the quai'- 
tei' or calpulli to which he belonged, lost his lights thereby ; in 
other words he became an outcast. ^^ 

Tlie lot of such [)eople, thrust, as they were, outside of the 
[)ale of regular society, was an unenviable one. Removal to 
foreign tribes was not only dangei-ous, but even im[)racticable 
in the earlier times, when the chiss came into existence. Still 
they had to live. Tlierefore the males bargained their sei-vices 
to such members of tiie kins, as could afford to nourish them in 
return for manual labor. '^■^ No other remuneration but subsistence 
could be thougiit of. For tiie sake of subsistence therefore tiie 
outcast became, wliat the majority of authorities have called a 
slave. 

Fray Juan de Torquemada writes as follows ; — "The manner, in 
wliicli these Indians made slaves, was very different from tiiat of 
the nations of Eiiroi)e and other parts of the world. It was very 
difficult at the outset of their conversion to understand it properly, 
but to make it clear (especially as the customs of Mexico, and 
Tetzcuco had it, since otlier Piovinces not subject to these king- 
si ^?io?!///»ows Conqueror (Vol. I. Col. de Doc, p. ."97) '• & gente die stima meno 
le ilonne di quanti nalioni soiio nl niondo, perclii non gli comuniuhereljle mai i lacti )oio, 
ancliora clie cono.'^cuse che il farlo gli potesse melter conto." Oeiedo (Lib. XXXIII, 
cap. LI, p. 536). See Torquemada (Lib. XII, cap. III. p. 3(iG), on '' mancebas" in gen.eial 
in regard to women who refused to marry, though living a dissolute life. Also Sahagun 
(Lib. X, cap. XV, p. 37); Zttrita (p. 129). If a girl abandoned her house, she might 
finally be disposed of as a shive, or be abandoned ("on les abandonnait ")• 

»^ Zurita (p, .^li). '' Le proprietaire qui ne cultivait pas ))endant deux annees, par sa 
faute ou par negligence, sans juste cause, .... etait averti de lescultiver; ct s'il ne 
le tiusait pas, I'annee d'ensuite on les donnait a un autre " (Id. p. 54.) " Si, par hazard, . 
le membre d'un calpulli le quittait pour aller demeurcr dans un autre, on lui retirait les 

terres qui lui avaieiit fcle assignees Adojited also by i/er?-era (Dec. Ill, lib. IV, 

cap. XV, p. 13,')). Compare '• Tenure of Lands " (p 420). 

83 Gomrtra (" Conquista," Vedia I, p. 441). "Los hombres necesitados y haraganes 
se vendian. . . .'• Cortes (" Carta Seciunda," Vedia I, p. 34). "Hay en todos los 
mercados y higares piiblicos de la diclia ciudad, todos los dias, niuchas personas 
trabajadores y niaestros de todos oflcios, esperando quien los alquile por sus jornales." 
Torquemada (Lib. XIV, cap. XVI, pp. 504 and 5(i5; and Cap. XVII, pp. 50."} and .'iOO). 
Ctaviffiro (Lib. VII, cap. XVIII, p. 489). 

Hkpokt Phabouy Muskum, II. 39 



611 

doms, had other ways to make slaves) we say : that many condi- 
tions were lacking, to create them actual slaves. For of these 
slaves of this NevvrSpain, some had means, might own and pos- 
sess them of their own, and they could not be sold again except 
under the conditions mentioned hereafter. The service rendered 
to their master was limited, not for always, nor ordinary. Some, 
upon marrying, became released, their relatives or brothers taking 
their place. There were also skilful slaves who, besides serving 
their masters, still kept house, with wife and cliildren, purchasing 
and holding slaves tliemselves. The children of slaves were born 
free. "84 

The Mexican term for slave was, literall}^ a " purchased man" 
("tlacotli.") He was in fact but a "bondsman." Through a 
special contract, made before authorized witnesses, his services, 
the proceeds of his labor, and not his 2^erson, became pledged to 
another. The member of a kin had no direct ownership in him 
whom he employed, he could not sell him again without that 
employer's consent, nor could he take his life in punishment 
of crime. If the latter broke his contract through repeated 
evasion he might finally be "collared," that is, his neck was 
enclosed in a wooden yoke, by means of which he was fast- 
ened to a wall at night. If the man still contrived to escape, 
then he was turned over to worship and sacrificed ; but in case he 
succeeded in secreting himself in the official house without being 
intercepted by his master or one of that master's people, then he 
was spared, and even liberated from his bonds. ^^ In addition to 
the supply furnished to the class of outcasts in the manner 
above indicated, there were accessions to it from outside. Fugi- 
tives were of rare occurrence, since such, if from a tribe against 
which war was waged, were regarded as precious additions, too 
important to be ranged among the outcasts. ^^ But we have 
several instances, in the ancient history of Mexico, of destructive 
drouths as well as of disastrous inundations, depriving the inhabi- 

8^ " MonarcMa Indiana''' (Lib. XI V, cap. XVI, p. 564). 

''^I have gathered these details mostly from Torquemada (Vol. II, pp. 5()4-.566). 
Compare besides others, I'etancurt (Vol. I, pp. 483, 484, and 485) and nearly all modern 
writers. 

8" Mendieta (Lib. II, cap, XXVI, p. 130) : " Y si de la parte contraria salia alguno a 
descnbrir y dar aviso como su sefior 6 su gente venian sobre ellos, al tal dabanle man- 
ias y pagabanle bien." Copied by Torquemada (Lib. XI V^, cap. II, p. 538), and Vetan- 
curt (Parte II, Trat. II, cap. Ill, p. 384). 
4** 



612 

tants of the valley of their annual crops. In order to escape 
threatened famine, fathers bartered their services and those of their 
children for food, to such tribes as possessed sufficient stores. s'' 
If the consequence of expulsion from the bond of kinship or 
of voluntary abandonment of the rights as members, were, for 
the male, a degradation to work for others, it was altogether 
different for the female. The position of women was, as we 
have already intimated, little better than that of a costly 
animal, and protection was awarded them only in so far as 
they represented a part of their husbands' property. This the 
kin itself was obligated to defend and protect. The wife, how- 
ever, had no other right than that. She could not complain if her 
lord and master increased his " family-stock " by the addition of 
one or more concubines, nor if he strayed about to satisfy his 
desires with other females. Such acts were even subservient to 
the kins' interest, since they led to an increase of numbers. 
But the women themselves who gave their persons away for such 
purposes could only belong to the class of outcasts ; for illicit 
intercourse with wives and daughters of the kins was, as we shall 
hereafter see, severely punished. Through the formation of the 
class of outcasts, or at least along with it, prostitution became 
tolerated among the ancient Mexicans, while polygamy in 
the shape of concubinage was introduced as a legitimate custom.^^ 

8' Besides the famines recorded since the conquest, the older authors and sources in 
general notice several (at least two) previous to 1520. It is not to our purpose to 
discuss their dates. They are given with the usual variation and discordance. Thus 
for instance, the "Codex Telleriano Remeiisis" (Kingsborough, Vol. I, plate VII, and 
Vol. VI, p. 13()) mentions one in U04 (1 Tochtli), which is evidently incorrect, since 1 
Tochtli would be 1402. Tlie Ce-Tochtli thus mentioned, is 145 1, In that year, Durdn 
(Cap. XXX, p. 245J places the beginning of the great drouth which, after three years 
duration, so completely exhausted the Mexican stores and supplies that " wrathy 
chief" the older, (" Hneliue Motecuzuma") told the people "que cada uno vaya a 
buscar su remedio" (p. 247). In consequence of it, it is reported that many people 
" sold their sons and daughters to the merchants and principals (seSores) of the tribes 
that had wherewith to give them to eat, and they gave for a baby (or boy rather, 
" nino ") a small basket of corn (maiz) to the fatlier or motlier, obligating themselves 
to sustain the child as long as the famine might last, for that if afterwards the father 
or mother might wish to redeem it, they should be obligated to pay these aliments." 
This is, as usual, also stated by Tezozomoc (Cap. XL, p. e4), though with less details. 
Torquemada (Lib. II, cap. LXXIII, p. 203) reports the same, but placmg it fifty years 
later, under the last " wrathy chief" (Cap. CX, p. 235) in 1505, A. D. Sahagun (Lib. VlII, 
cap I, p. 269), agrees with Duran and Tezozomoc, so does Clavigero (Lib. IV, cap. XII, 
p. 263): " Many sold themselves for food." This date is also 1451-1454. Itissmgular 
that Torquemada (Lib. H, cap. XLVII, p. 158) also relates the famine under the older 
"wrathy chief," and his words are almost textually copied by Clavigero. 

*« The possession of more than one woman, or rather the enjoyment of more than 



613 

We thus witness, among the ancient Mexicans and beneath 
the kins composing the tribe, a lower class of society, a floating 

one, was a mere matter of subsistence. As already remarked by Peter Martyr (Dec. 
V, cap. X, p. 232): "He further saith, that the common sort of people content them- 
selves with one wife; but that every Prince may maintayne harlotts at his pleasure." 
Gomara (" Conquista, etc.," Vedia I, p. 438) : " Cuatro causas dan para tener tantas 
mujeres: la primera es el vicio de la carne, en que mucho se deleitan; Is segunda es 
por tener muchos hijos ; la tercera por reputacion y servicio ; la cuarta es por granjeria ; 
y esta postrera usan mas que otros, los liombres de guerra, los de palacio, los holga- 
zanes y tahures; hacenlas trabajar como esclavas, etc." The same author adds: 
"Aunque toman muchas mugeres, annas tienen per legitimas, a otras por amigas, y 
a otras por mancebas. Amiga Human a la que despues de casados demandaban, y 
manceba a la que ellos se tomaban." According to tliis statement, a husband could 
entertain three classes of women : one legitimate wife, concubines which he obtained 
with permission of their parents and prostitutes or mistresses. Varietas delectat! 
Torquemada, however (Lib. XII, cap. Ill, p. 376), says: " Otra especie de mancebas 
havia, y se permitia, que era la que los Seriores principales, 6 las tomaban ellos, 6 las 
pedian despues de ia casados, con la Seiiora, y muger legitima, que Uamaban cihua- 
pilli." This reduces the " stock " to two kinds, at least. Motolinia (Trat. II, cap. VII, 
pp. 124-128) mentions polygamy as a rule, and describes the infinite trouble of the 
priests to find out the legitimate wife, assuming it to be " aquella con quien estando en 
su gentilidad primero habian contraido matrimonio" (p. 127). According to him the 
first legitimate marriage took place 14 October, 1526 (p. 124), but nevertheless for three 
or four years afterwards : " no se velaban, . . sino que todos se estaban con las mujeres 
que queriau, y liabia algnnos que tenian hasta doscientas mujeres, y de alii abajo cada 
uno tenia las que queria" (p. 125). In defence of this state of polygamy the Indians 
alleged " tambien las tenian par manera de granjeria, porque las hacian a todos tejer y 
hacer mantas y otros oflcios de esta manera" (p. 125). Mendieta{\A\). Ill, cap. XLVII 
and XLVIIl, pp. 300-306) is very explicit on the same question. He asserts that the 
early missionaries found : " Por otra parte se hallaba que el comuu de la gente vulgar 

y pobre no tenian ni habian tomado sino sola una mujer sino que los senores y 

principales, como poderosos, excederian los limites del uso matrimonial, tomando des- 
pues otras, las que se les antojaba" (p. 301). The final result of these troublesome 
disputes and investigations is expressed as follows (p. 30ij) : '-y que sabiendose cual 
era la piimera mujer, era cierta cosa ser aquella la legitima, y viviendo aquella, otra 
cualquiera habia de ser manceba." The qm slion is as to whether a daughter of any 
member of the kin could ever lawfully become a concubine, or whether this was only the 
case with female outcasts ? The stories about " Handful of Eeeds," who, his first wife 
being sterile, was subsequently married to a number of daughters of chieftains (see 
Vurdn, Cap. VI, pp. 48 and 49, Torquemada. Lib. II, cap. XIII, p. H6, Vetancurt, Parte 
II, Trat. I, cap. XI, p. 270, Clavigei'o, Lib. Ill, cap. Ill, p. 194) is manifestly untrue. 
The object of these subsequent marriages is given as in order to obtain heirs to the 
throne. Now it is well known that there was no " succession," but only an " election," 
consequently there was no such object as the one claimed. The chief certainly had 
concubines, but there is no evidence to show that he obtained them from the kins. 
Again we are treated to long descriptions of the dazzling polygamy of the chiefs of 
Tezcuco. For instance, IxtiUxochitl {•■■Hist, des Chichimeques," Cap. XLIII, pp. 305 and 
306) relates of "Fasting wolf " " nezahualcoyotl," from "nezaualitztli," " ayuno," etc., 
{Molina, II, 64), and "coyotl" how he had a number of concubines previous to his 
marriage with an Indian girl of Coatlichan. Further on he relates the well known 
"Uriah and Bathsheba" story (pp. 509-313), attributed to the same chief, and which 
has been so often recopied. His successor in office, "Fasting boy " (Nezahualpilli," 
compare the picture of this name in Durdn, Lam. 23 and 24, Trat. lo), is reported by 
him to have had 2000 concubines, " But, besides the queen, he had intercourse with 
forty " (Cap. LVII, p. 35 of 2d Vol.). His marriage with that only legitimate spouse is 
described (Cap. LXIV, p. 66, Vol. II). He is, of course, supported by Torquemada 



614 

population of " hangers-on to the tribe." This class was yet not 
very numerous ; still it grew slowly and steadily. Prohibited from 
carrying arms, and therefore from taking any part in warfare other 
than that of carriers and, perhaps, runners, the heavy drudgery of 
work was at their charge. ^^ Even the tillage of lots appears to 
have been frequently assigned to them, and it may be that what is 
commonly termed the class of "macehuales" consisted of the 
outcasts who improved "tlalmilpa" for the benefit of members 
of the kin.^° Besides, it is distinctly implied, if not stated, 

("Lib. II, cap. XLV, pp. 154-156; cap. LXII, p. 184; Lib. XIII, cap. XII, p. 4.36). H. H. 
Bancroft (Vol. II. p. 2(55) admits two classes of concubines for married people, one of 
which he calls " the less legitimate wives." Among other authorities, he adduces in evi- 
dence Oviedo (Lib. XXXIII, cap. I, p. 2(i0) : " Tenia esto Olintech treynta mugeres dentro 
de su casa, con quien el dormia, a las quales Servian mas de ciento otras." The same 
6tateraeut is also found in Gomara C^ Conquista," etc., Vedia I, p. .3-26) and others. (The 
name for the mistress C'manceba") of a married man is " teichtacamecauh" (Molina, 
I, p. 81), which means literally '• thy secret tie," from "Tehuatl" — " thou, '• ichtaca" — 
secretly (II, p. 32), and "mecatl" — rope or cord (II, 56). See in a further note. 

The most significant statements, however, ai-e those already reported, of Motolinia 
and of Gomara, that the Indians explained their polygamy by the fact that they kept 
these luomen for their ivorlc. In other words, they were purchased hands. This is indi- 
cated by the following authorities: Gomara ("Coji^imiw," etc., Vedia I, p. 441), "Las 
malas mujeres de su cuerpo, que lo daban de balde si no las querian pagar, se vendian 
par esclavas por traerse bien, 6 cuando ninguno las queria, por viejas 6 feas 6 enfermas ; 
que nadie pide por las puertas." Tbrqwejiiffrfrt (Lib. XIV, cap. XVI, p. 503) : "Havla 
tambien mugeres, que se daban a vivir suelta, y libertadamente; y para proseguir este 
mal Estado, que tomaban, tenian ueuesidad de vestir curiosa, y galanamente, y por la 
necesidad, que pasaban, porque no trabajaban .... llegaban a necesitarse mucho, y 
hacianse Esclavas; " and the same authority adds (Cap. XVII, p. 566) : " y muchas veces 
los Amos se casaban, con Esclavas suias," without any closer definition however. 
Finally, the Anonimo says (p. 397): " Nelle nozze di questa patrona principale fanno 
alcune cirimonie, il che non si osserva nelle nozze dell' altre." 

There is no evidence that a married man could increase the number of his women 
even with the consent of the parents, in other words, marry a girl. But if the latter 
had, through her own lewd conduct, become abandoned and cast oflf, then he could 
associate with her as his mistress without regard to his wife proper. Also he might 
purchase (or rather barter for) a female and afterwards make a concubine of her, 
even if she was of a foreign tribe. Prisoners of war (females) may occasionally have 
been spared also, but this suggestion rests on very sliglit evidence (compare "Ano- 
nimo," p. 373), and may apply only to prisoners of war purchased from other tribes 
{Sahagun, Lib. I, cap. XIX, p. 32). 

88 They were the "tamenes," carriers. The Mexican word is " tlamama," from 
"tlacatl"— man, and ''nitla-mama" — to carry a load {Molina, II, p. 51). Don Antonio de 
Mendoza ^^"■Avis sur les Prestations personelles," etc., p. 358, Ternaux, Recueil). Zurita 
(pp. 250, 251, and 280) ''Lettre des auditeurs Salmeron, Maldonado, Ceynos et Quiroga a 
I'Jmperatrice." (Mexico, 30 March, 1531, in 2d Recueil, etc., pp. 143 and 144) : "Les Indi- 
ens out de tout temps porte des fadeaux, ils y sont accontumes ..." 

""This is a mere suggestion. The majority of descriptions, however, are such that 
the " mazehual" may have been, and probably was, a member of the kin. Still, in such 
cases, when that member could not improve his lots himself, families of " bondsmen" 
may have done the work for him, and thus become included in the general picture. 
Quotations are superfluous, since the information is not, as yet, positive enough. 



615 

that for actions of merit such people might be re-adopted, and 
thus restored to their original rights. The anonymous conqueror 
asserts that the performer of any valorous deed was highly 
rewarded and made a chieftain, "even if he was the vilest 
slave." 9^ But without such formal re- adoption, no outcast could 
emerge from his inferior and unprotected condition. The over- 
whelming majority of Mexico's aboriginal people, however, con- 
sisted of members of 'the twenty kins shown to have composed 
the tribe. These all enjoyed equal rights ; consequently all had 
the same dut3\ Both right and obligation were governed by 
the organization of kinship. While it is impossible for us to 
follow here strictly the order of enumeration of these rights and 
obligations, established in the admirable researches of Mr. Morgan, 
we still can distinctly trace all of them in ancient Mexican 
society, operating with more or less unimpaired vitality. 

The kin claimed the right to name its members. ^'^ A famil}^ name 
was unknown to the ancient Mexicans, ^^ and thus our assertion 
that the modern family was not yet established among them, 
acquires further support. Within a few days after the child's 
birth, its mother in presence of all the neighbors (consequently 
of the "calpulli" or kin) gave the child a name through the 
medium of the women assisting her delivei'y. This name, gener- 
ally taken from that of the day of birth, had a superstitious 
bearing, and was to accompany the child during the period of 
its utter helplessness. 9^ A second "naming" took place several 

^^" Relatione di alcune Cose della Nuova Spagna" (Col. de Doc, I, p. 371). Torque- 
mada (Lib. XIV, cap! XVII, p. 506) : "y Esclavos havia que regian, y mandaban la casa 
de su Sefior, como hacen los Maiordomos." 

^2 Morgan ('^Ancient Society," pp. 71 and 78). 

^^ Motolinia (Trat. I, cap. V,- p. 37): " Todos los Nines cuando uacian tomabaa 
nombre del dia en que nacian." Torquemada (Lib. XIII, cap. XXII, pp. 454 and 455). 
The family name was introduced by the Spaniards, who gave other names at the time 
of baptism. 

^^Motolinia (Trat. I, cap. V, p. 37). Saliagun (Lib. IV, cap. I, pp. 283 and 284, in gen- 
eral the entire fourth Book, which gives a very full idea of all the superstitions con- 
nected with birthdays; more especially Cap. XXXV and XXXVI and Lib. VI, cap. 
XXXVII, pp. 217-221). All the children of the quarter were invited to the festival : "En 
este tienipo que estas cosas se hacian, juntabanse los mosuelos de todo aquel barrio, y 
acabadas todas estas cerenionias, entran en la casa del y toman la comida que alii les 

tenian aparejada " The naming took place in presence of "todos los pari- 

entas y parientos del niiio, viejos y viejas" (p. 218). Mendieta (Lib. II, cap. XIX, p. 
107) : " Estos nombres tomaban de los idolos 6 de las flestas que en aquellas signos caian, 
y a veces de aves y animales j^ de otras cosas insensatas, como se .es antojaba." (Lib. 
XIII, cap. XXXV, p. 267). Torquemada (Lib. XIII, cap. XX, p. 450 : " Luego hacian con- 
vocacion de todos los Deudos, y Parientes, de los Padres, y de todos los Amigos, y 



616 

months later, which was performed by the medicine-man of the 
kin. 9^ Both of these names were preserved, but if the full-grown 
man ever performed some action of merit in the service of the 
whole tribe, then the tribe bestowed upon him a third name as 
an honorable title attached to his person in reward for his deeds.^^ 
It ivas the duty of the kin to educate or train its members to every ' 
branch of public life. For all public purposes, man only must be 
taken into account. This appears obviou-s from what was said 
already concerning the position of women in general. Now each 
calpulli, or localized kin, among the ancient Mexicans had, as 
we have shown in "Art of War,"^^ its "House of the Youth" 
("telpuch-calli") joined to its " medicine-lodge" or temple. Thither 
the boys were brought at an early age, to be instructed in what- 
ever was needed for after-life. In order to train their bodies they 
were held to manual labor, and to the ordinar}^ duties of worship. 
The use of weapons was made a prominent object of teaching ; 
so was the dance and song, the latter coupled with ordinary 
Indian rhetorics. ^^ These houses of education were under the 

Vecinos, que para este acto se juntavan . . . y entonces le ponian el nombre." Also 
(Cap. XXII, p. 455; cap. XXIII, p. 45(5) : " De la misma manera, que quando alguna de 
estas ludias pavia, se iisaba juntavse toda la Paventela. y las veciiias, y amigas, .... 
De esta misma manera lo acostumbraban hacer para el flngido Bantismo." Gomara 
{'^Conquista." Vedia I. p. 438) : " En este lavatorio les poniau nombre, no come querian, 
sino el del mismo dia en que nacieron.' Vetancurt (Parte II, Trat. Ill, cap. VIII, p. 
462). 

35 This is stated by Gomara (Vedia I, p. 438) : " y dende a tres meses, que son de los 
nuestros dos, los llevaban al templo, donde un sacerdote que tenia la cuenta y ciencia 
del calendario y signos, les daba otro sobi-enombre, haciendo muclias cei-emonias, y 
declaraba las gracias y virtudes del idolo cuyo nombre les ponia, pronosticandoles bue- 
DOS hados." Motolinia (Trat. I, cap. V, p. 37) : '" Despues desde a tres meses presenta- 
ban aquella criatura en el templo del demonio, y dabanle su nombre, no dejando el que 
tenia, y tambien entonces comian de regocijo, ..." 

^^ Gomara (Vedia, p. 438). Motolinia (Trat. I, cap. V, p. 37). Torquemada (Lib. XIII, 
cap. XXII, p. 456). Clavigero (Lib. VI, cap. XXXVII, pp. 437, 438). Durdn (Cap. XI, pp. 
96, 97, and 98). 

s' "A7-t of War," p. 101. Relying on Humboldt, I assumed lifteen years to be the 
age when military instruction began, but the general instruction began much sooner. 
See note 98. 

" s^Gomara (Vedia, p. 438). Sahagtm. (Lib. Ill, cap. IV, cap. V. p. 268) : " Habiendo 
entrado en la casa del Telpuchcali el nifio, dabanle cargo de barrer, limpiar la casa, 
poner lumbre, y hacer los servicios de penitencia a que se obligaba. Era costumbre 
que a la puesta del sol, todos los maneebos iban a bailar, y dauzar a la casa que sc 
llamaba Cuicacalco cada noche, y el muchacho tambien bailaba con los otros manee- 
bos; Uegando a los quince aiios, y siendo ya mancebillo, llevabanle coiisigo los manee- 
bos mayores al monte a traer la leiia, que era necesaria para la casa del Telpuchcali. y 
Cuicacalco, y cargabanle las rodelas para que las llevase acuestas; " (p. 269) : "I>a vida 
que tenian era muy iispera ..." (Cap. VI, pp. 270 and 271 ; liib. VL cap. XXXIX, p. 
224), and other incidental notices. Mendieta (Lib. II, cap. XXIV, pp. 124, 125). Torque- 



617 

special direction of experienced men, called therefore " Speakers 
of the Youth" ("telpuchtlatoca") and "elder brothers" ("teach- 
cauhtin,") in another capacity. They had not only to provide 
for the physical training of their pupils, but also for their intel- 
lectual development, as far as the state of knowledge permitted.99 
Such places of training were called also " the place where I 
grow" ("nezcaltiloyan"), or "the place where I learn" ("nem- 
achtiloy an. ")!*'*' It is not true that the youth were constrained 
to a permanent, almost monastic residfeiK;e in such houses ; but 
while there they improved in common certain special plots of land, 
in all likelihood the so-called " temple-tracts," out of which the 
daily wants of worship were supplied. i*'! In connection with this 
mode of education, we have to consider here an objection which 
cannot fail to be raised against our views. 

It is frequently given out as a fact, that besides the " Houses 
of the Youth" mentioned, there was a special place of education 
for the children of ^'-noblemen" and this is adduced as a proof of 

madaCUh. IX, cap. XII, pp. 185 and 18G; Lib. XIII, cap. XXVIII, XXIX and XXX) 
and others. 

^'■"'Art of War" (pp. 101, 119 and 120). Mendieta (Lib. 11, cap. XXIV, pp. 124 and 
125) : "Los otros se criaban como en capitanias, porque en cada baiTiOjliabia iin capitan 
de alios, llamado telpuchtlato, que quiere decir, guarda 6 capitan de los mancebos.'.' 
Torquemada (Lib. IX, cap. Xll, p. 185) : "y tenian un Rector, que los legia, y governaba, 
que se llamaba Telpoclitlato, que quiere decir, Guarda. 6 Caudillo de los Mancebos, el 
qual Telpochtlato tenia gran cuidado de doctrinarlos. y enseiiarles, en buenas costum- 
bres." Sahagun (Lib. Ill, cap. V, p. 209): ''y si era ya hombre valiente y diestro, 
elegianle para regir a todos los mancebos, y para castigarlos, y entonces se llaniba Tel- 
puchtlato." (Lib. VIII, cap. XllI, p. 301) : "Tambien daban de comer a los que criaban 
los mancebos que se llanian telpuchtlatos, . . ." (Cap. XVII, p. 305) : ''en este lugar se 
juntaban los maestros de los mancebos que se llaniaban tiachcaoan, y telpuchtlato- 
ques . . ." (Also Cap. XXXVIII, p. 331). Vetancurt (Part II, Trat. Ill, cap. VI, p. 451) : 
'•y un rector que Uamaban Telpochtlato, el que habla y gobierua a los mancebos." 
Codex Mendoza (Vol. I of Kingsborough plates 02 and 63). 

Sahagun usually calls the " achcauhtli," "alguaziles," or executors of justice. But 
above we see that he calls the "tiachcaoan," also "masters of the youth." Both names 
are corruptions of " teachcauhtlin." Tezozomoc (Cap. XXXVIH, p. GO) calls the "Ach- 
cacauhtin, mayorales de armas y de doctrina y de ejemplo." (Cap. LVII, p. 95) : •' Tras 
ellos vinieron los que llaman Achcauhtin, seiiores de los van-ios. y maestros de mance- 
bos." (Cap. LXXI, p. 121): "mayorales y ministros, y los hicieron juntar como escu- 
elas en cada un varrio que Uamaban telpochcalli." (Cap. LXXXVIII, p. 134): "Los 
mancebos iban cada dia a los varrios al egercicio de las armas a la escuela de armas 
telpochcalco, adonde los enseiiaban con valerosos aninios, ylasmaneras de combatir." 
Finally Clavigero (Lib. VII, cap. II, p. 4.52) refers also to the .53d i)icture of the Mendoza 
Codex, representing a boy of lilteen years, who is turned over to an "achcauhtli, or 
oflicei-," to be instructed in the art of war. 

^""Molina ( Vocahularia II, pp. 66 and 72). P. Tgnacio de Paredes {"Doctrina Breve 
sacada del Catecismo Mexicano," Reprint of 1809). 

^"^Sahagun (Lib. Ill, cap. V, p. 269) says that, whereas they slept at home, that is, at 
the " house of youth," they ate with their families (" annque comian en sus casas pro- 



618 

the existence of a privileged class of nobles. ^^^ Besides the 
other evidence which we have mentioned, as against the existence 
of nobility in ancient Mexico, we shall state here that the place 
called " calmecac " which is the name given to that supposed 
" school for the nobles," was in reality something quite different. 
Fray Bernardino Sahagun, in his description of the central 
medicine-lodge or great temple of the Mexican tribe, saj^s that 
in the house called calmecac those who devoted themselves to 
"medicine," or to the priesthood were trained for that office and 
lived in said house along with the medicine-men themselves. i°3 
There were several buildings or rooms bearing that name, all 
within the square occupied by what is commonly termed " the 
great temple of Mexico," and these were the places where the 
medicine-men and whoever was attached to them and to their 
offices, actually dwelt. ^•'^ Consequently these places were also 

pias"). Zurita (pp. 131-133) asserts that "certain fixed days, the children of land- 
tillers had permission to share tlieir father's labor." That the " temple tracts " were 
probably identical with those worked by the young men is made evident by Sahagun 
(Cap. V, Lib. Ill, p. 209; cap. VIII, p. 275). Zurita (p. 131) : " lis etaient obliges de tra- 
vailler aux terres affectees a ces 6tablissements." Torquemada (Lib. IX, cap. XII, p. 
185) : "Tenian sus Tierras, y Heredados para su siistento (que debian de ser de las dedi- 
cadas al uso, y gasto de los Templos) en ellas sembraban, y cogian Pan para su sus- 
tento." jl/mdieto (Lib. II, cap. XXIV. pp. 124 and 125). CojMarw (Vedia, p. 438). The 
latter is very plain, connecting all the "scliools" and their lands with the temples. 

i"'^^. i/. iJ«ncro/< (Vol. II, pp.243 and 244). Nearly all the older writers call it a 
higher school, but I shall hereafter discuss their statements. See also Prescott {'■'Mex- 
ico," Book I,ch. Ill, p. 69). 

103 '■i-Historia general de las Cosas de Nueva Espana," (Lib. Ill, cap. VII, p. 271) : " Los 
seiiores, 6 principales, 6 ancianos, ofrecian a sus hijos a la casa que se llamaba Calme- 
cac, ei'a su intencion que alii se criasen para que fuesen ministros de los idolos." Id., 
(Cap. IV, p. 266) : "y lo ofi-eoian a la casa de los idolos que se llama Calmecac, para que 
fiiese ministro de ellos, viniendo a edad perfecta." But especiallj^ (Lib. VI. cap. XXXIX, 
p. 223) : " si le prometian a la casa Calmecac, era para que hiciese penitencia, sirviese a 
los dioses. viviese en limpieza, en humildad y castidad, y para que del todo se guar- 
dase de los vicios carnales." 

104 The description furnished by Sahagun (Lib. VI, Appendix, " Relacion de los Edi- 
flcios del gran Templo de Mexico," pp. 197 to 211) mentions seventy-eight parts or edi- 
fices, among which were the following, witli the name "Calmecac:" 

The 12th edifice "Tlilancalmecac," a shrine to tlie goddess Civocoatl and inhabited 
by three priests, medicine-men (p. 201). 

13tli edifice " Me.xieocalmecac," called l)y him "a monastery wherein the priests 
dwelt who served daily in the Cu of Tlaloc" (p. 201). 

24th edifice, "Vitznaoac Calmecac." inhabited by the priests of the idol Vitznaoac, 
(p. 203). 

27th edifice, ''Tetlanmancalmecac," where the priests of the temple dedicated to the 
goddess Chantico lived, as in a " monastery," (p. 203). 

35th edifice. "Tlamatzinco Calmecac," '■ a nionastei-y," inhabited by the priests of 
the god Tlamatzincatl, (p. 204). 

54th edifice, "Yopico Calmecac, "monasterio u oratorio," (p. 207). 

61st edifice, ''Tzommolco-calmecac," ''a monastery where dwelt priests of the god 
Xiuhtecutli," (p. 207). 



619 

the abodes of such men as underwent the severe trials preliminary 
to their investiture with the rank of chief (" tecuhtli.") The 
word "calmecac" is often interpreted as "dark house" but its 
etj^mology is probably quite different. In no case, however, was 
that building a school for a " privileged class of children. i*^^ 

The kin had the right to regulate and to control marriage. ^^^ We 
have seen that the obligation to marry rested upon every member 
of a " calpulli." Where tribal society is still in its pure and 
original condition marriage in the same kin is absolutely prohib- 
ited. The matrimonial customs of the ancient Mexicans were 
closely scrutinized by the Catholic church, and a rigid investigation 
by the early missionaries has proven that not only was marriage 
between close relations strictly prohibited, but it was also discour- 
aged (if not forbidden) between members of the same kin.^"''' Mr. 

In all, seven "calmeca" within tiie enclosure surrounding the great "house of god" 
of Mexico-Tenuchtitlan. Torqtcemada (Lib. VIII, cap. XI to XVI) also describes the 
various places, mentioning '• Huitznahuaccalmccac," "Casa de recogimiento, y habita- 
cion de los Sacerdotes, y ministros de este lugar" (p. 1.50). "Tlamatzinco calmecac," 
donde vivian y tenian su asistencia los Sacerdotes, y ministros de este dicho Templos " 
(p. 151). " Yopico calmecac" "donde habitaban, y se criaban los niuchachos " (p. 1.53). 
"Calmecac" — "donde se criavan los ninos" (p. 149). Besides these statements, the 
tvro authors just quoted allude to the Calmecac in the same manner at various places. 
Saliagun (Liu. Ill, Appendix, cap. VII, and especially Cap. VIII, pp. 274-276). Already 
the title of this chapter is significant: " De las costnmbres que se guardaban en la 
casa que se llamaba Calmecac, donde se criaban los Sacerdotes, y ministros del templo 
desde niiios." Torquemadn (Lib. XIII, cap. XXVIII, pp. 469-471). Johannes Eusehius 
Kieremherg (" Historia Naturce," Lib. VIII, cap. XXII, pp. 143-146). He copies Hernan- 
dez who, in turn, almost verbally agrees with Sahagun. Oviedo (Lib. XXXIII, cap. X, 
p. 302 ; Cap. LI. p. 537). Gomara ( Vedia I, p. 438). 

^"^ Molina (II, p. 11). "Calmeca tlatolli," " palabras dichas en corredores largos" 
and " Calmelactli," " Sala grande y prolongada, 6 corredor de la casa." The word may 
be decomposed into "Calli" — house, and " mecayotl" — consanguine relationship, or 
" mecatl " a cord or tie. " House of Ties " ? 

106 •■•Ancient Society" (p. 74). 

1"' Already Motolinia (Trat. II, cap. VII) pictures vividly the difficulties encountered 
by the priests in regard to regular marriage. The first question to be determined was 
that of the legitimate spouse. This has already been investigated in a former note. 
The next question was that of the degrees of consanguinity, or affinity. It was rigidly 
inquired into whether perhaps, custom had sanctioned intermarriage of brothers and 
sisters. Gomara (Vedia, p. 439): "No casan con su madre ni con su hija, ni con su 
hermana; en lo demas poco parentesco guardan; aunque algunos se hallaron casados 
con sus propias hermanas;" thus admitting tlie fact that intermarriage of that kind 
existed. Mendieta{\Ah. Ill, cap. XLVIII, p. 305) also concedes that such may have been 
the case, and infers that these marriages should be regarded as valid. The question of 
intermarriage between children of the same issue becomes important through the 
statements and discussion of Tor qtiemada (Lib. XIII, cap. VII, p. 489) about the matri- 
monial customs of the Indians of Vera-Paz : " The Indians of Vera-Paz were compelled 
frequently, on account of their customs of relationship, to marrj' brothers with sisters 
for this reason: It was not customary for tliose of one clan, or tribe, to marry the 
women of the same tribe (pueblo), and thus they sought for them from others, because 

5* 



620 

H. H. Bancroft to whom every student of American antiquities 
must look with a deep feeling of gratitude for his valuable ser- 
vices, saj^s on the subject : " marriages between blood relations 
or those descended from a common ancestor were not allowed. "^•'^ 
The act of marriage itself was preceded by negotiations on the 
part of one calpulli (that of the man) with another (that of the 
woman), the negotiations terminating in something like a. purchase 
of the girl. 1*^3 It is beyond our purpose, at present, to 'dwell on the 

they did not reckon the children, born in foreign tribes or lineages, as belonging to 
their family; although if the mother had issued from their lineage, and the reason for 
this was, that this relationsliip was only attributed to the men." Now this is a very 
plain statement and picture of " descent in the male line," with the rules of kinship as 
strongly and fully in vigor as, with " descent in the female line " among the Iroquois. 
The inhabitants of Vera-Paz spoke, according to Herrera (Dec. IV, cap. X, cap. XIV, 
p. 229), " varios Lenguages," but they selected one at the instance of tlie Dominican 
fathers, " to use it in general." Dr. Berendt (" Remarks on the Centres of Ancient Civili- 
zation in Central America and their Oeographical Distribtition," address read July 10, 
1876, pp. 9 and 10) mentions in Vera-Paz three idioms: the "Kekchi" (Alta Verapaz), 
"Pokoman" (in the South), and the "QQuiche" (Western Verapaz). See also E. G. 
Squier, (" Monograph of Authors ivho hare ivritten on the Languages of Central America," 
Introd., p. IX). //. H. Bancroft (Vol. Ill, cap. IX, p. 760). Diego Garcia de Palacio 
(" Report to the King of Spain in 1576," German translation by the late Dr. Alex von 
Frantzius, pp. 4 and 64). Pimentel (•' Cuadro descriptivo de las Lenguas," etc.. Vol. I, 
pp. 81-84). The close connection in customs and Institutions (see my notes in regard 
to the calendars of Mexico and Central America) between the QQuiche and the Mexi- 
cans, and the probable identity of their origin, make it not unlikely that the lutter had 
also the same rule, " not to marry within the tribe or lineage," or ratiier in the kin. 
As every tribe in Mexico consisted of a number of Calpulli, tliere was no need of 
selecting the wife from outside of the settlement. The manner of arranging marriages 
furnishes direct evidence of the fact, that the wife was, at least usually, from another 
kinship. (See note 109.) See especially, besides, Sahagun (Lib. II, Appendix, p. 228). 

lis <i Native Races " (Vol. II, cap. VII, p. 251). 

109 Not only the consent of the young man's parents was requisite, but also that of 
the " telpuchtlato" (speaker to the youth) of his " barrio " or calpulli, i. e.. of his kin. 
This fact is abundantly proven. Sahagun (Lib. VI, cap. XXIII, pp. 152, 153) says : The 
"speaker "was invited to the house and after having "eaten and smoked," "the old 
parents of the young man, and the old men of the barrio sat down," and the case was 
told to tliem. The •' speaker " then took formal leave of the youth " y dejaban al moso 
en su casa de su padre." (Lib. Ill, Appendix, cap. VI, p. 271), he again insists that the 
consent of the " maestros de los mancebos " was required. Zui-ita (" Rapport," p. 132) : 
"Lorsqu'ils etaient d'ltge a se niarier, c'est a dire S vingt ans ou un pen plus, ils en 
demandaient I'autorisation " (p. 134). Mendieta (Lib. II, cap. XXIV, p. 125) : " Llegados 
a la edad de casarse . . . pedian licencia para bnscarmujcr; y'sin licencia por mara- 
villa alguno se casaba, y al que lo hacia, demas de darle su penitencia. lo tenian por 
ingrato, malcriado y como apostata" . . . To»'5?<e?;i«fZrt (Lib. XIII, cap. XXX). It was 
the kin of the male which solicited the girl, and this solicitation was carried on by 
women, who brought presents. Compare also H. H. Bancroft (Vol. II, pp. 2.")1 to 262). 
Vetancurt (Part II, Trat. II, cap. XII, p. 477. " Teatro Mexicano" Vol. I). If the male 
needed it, " the community " assisted him. See above authorities, and otliers. 

The controlling influence of the Kin, in matters of marriage, was officially recog- 
nized, as late as \rm5, by the first provincial " concile" held at Mexico in that year. It 
was ordained : " That since it is cu.stomary among the Indians Maceguales not to marry 
without permission ("licencia") of their principals, nor to take any women, unless it 



621 

ritual details themselves, but we must lay particular stress on the 
fact, that the wife became the property of her husband and that 
she was, as such, placed under the direct protection of his kins- 
men. Such marriages could be annulled by mutual consent, 
provided the kin gave its approbation. In such a case the woman 
was at liberty to marry again, and also to return to the calpulli 
from which she issued. ^i'' 

We might now be expected to cast a glance at the funeral rites 
of the ancient Mexicans since it was one of the attributes of the kin 
to enjoy common burial.^^^ But this question is so intimately con- 
nected with that of creed and belief that we refrain from tres- 
passing too much on that field. The Mexicans practised cremation 
and, in the case of warriors slain in battle, at least, it is known 
that the exercises were conducted by the officers and leadei's of 
each kin, all its members, and not the special relatives and friends 
only of the deceased, attending the ceremon3^ll2 Our knowl- 
edge of the burial places of aboriginal Mexico is still very indefi- 

was given by their hand, out of which there arise great discomforts, and marriage 
among free persons is not as free as it should be, therefore, we ordain and command:- 
that no Indian principal of whichever condition or rank (" estado,") shall of his own 
accoi'd or authority give away any wife to anybody whatsoever, nor shall he prevent 
any Macegnal from mari-ying freely the woman whom he may wish, and who may like 
him, — under penalty of thirty days of imprisonment, and other penalties which the 
Judge maj' determine upon." 

(" Concilios Provinciales, Primero y Segundo, celebrados por la muy noble, y muy Leal 
ciudad de Mexico etc., etc. Dalos a Luz el lll'mo Sr. I). Francisco Antonio Lorenzana 
Arzohispo de esta Santa Metropolitana Iglesia Afio de 1769). The "principales Indios " 
are the officers of the "Kins," and thus we have, thirty five years after the conquest, 
a formal recognition of the custom among the Mexican Indians that marriage was con- 
trolled by the Kin. How the " encoraenderos " subsequently interfered with that 
custom, in order to conceal their own criminal doings, is plainly told by Fray Antonio 
de Iteinesal " Historia de la Provincia de San Vicente de Chyapa y Guatemala, etc., etc." 
Madrid, 1619 (Lib. VII, cap. XV, p. 327). 

1" It is singular that some of the earliest ecclesiastical writers imply that there was 
no rule of repudiation or divorce among the ancient Mexicans. Mendieia (Lib. Ill, cap. 
XLVIII, p. 303). The same authority, however, attributes this to the baneful effects of 
contact with the Spaniards, in consequence of which the customs of the natives grew 
more or less dissolute and immoral (p. 304). Zurita (p. 97) confirms, and Torquemada 
(Lib. XVI, cap. XXIV, p. 196), copies Mendieta literally. For the customs of divorce 
see Zurita (p. 97), Mendieta (Lib. II 1, cap. XLVIII, p. 304), Torquemada (Lib. XIII. 
cap. XV, pp. 441 and 442), Gomara (Vedia I, p. 440), Herrera (Dec. Ill, Lib. II, cap. C, 
XVII, pp. 72 and 73), Bustamante (" Tezcoco,'" p. 196), and others. The division of 
property mentioned as accompanying the divorce, applies only to personal effects, 
since the wife brought nothing else. See " Tenure of Lands'" (p. 429, and note 107). 

The matrimonial customs of the ancient Mexicans will be more thoroughly dis- 
cussed by me in another monograph, subsequent to one on "Religious Beliefs." 

111 II Ancient Society " (pp. 71 and 83). 

112 Compare Durdn (Cap. XVIII, pp. 154 and 156), and Tezozomoc (Cap. XXV, pp. 37 
and 38). 



622 

nite, owing, in part, to the treasure-seeking propensities of the 
Spanish immigrants as well as to the diligence of the clergy in 
obliterating all objects to which the aborigines attached supersti- 
tious notions. 

For the same reason we refrain here from entering into a de- 
tailed account of the customs of worship. Still we feel obliged 
to state that the feature of " separate religious rites" ^^^ so charac- 
teristic of society based upon kin, is plainly visible among the 
ancient Mexicans. There are some very remarkable evidences of 
this, to which we must allude. 

It has already been established at the outset, that each calpulli 
had "its particular god," which was worshipped, as a tutelar deity, 
within the territory of that calpulli. Consequently each kin had 
its particular medicine-lodge or temple.^ i"* Besides, the last one 
of the seventy-eight places into which Father Sahagun subdivides 
the great central "teo-calli" of the tribe, is described by him as 
follows : 

" The seventy-eighth edifice was named calindli, these were 
small buildings enclosing the inside of the square, these little 
houses the^^ called caljruUi, and there the principals and officials of 
the republic gathered, to do penance for four days preceding each 
festival occurring at twenty days interval. Their vigils thus lasted 
four days, during which time some of them ate at midnight and 
others at noon."^i^ 

This statement, which is confirmed (according to the learned 
Jesuit John Eusebius Nieremberg)ii^ by the celebrated physician 
and naturalist Francisco Hernandez, is followed by another one, 
not less important, also of Sahagun : 

" They offered up man^^ things in the houses which they called 
" calpulli," which were like churches of the quarters, where those 
of the same gathered, as well for to sacrifice, as for other cere- 
monies they were wont to perform."^^'^ 

Thus the right of the kin to "separate worship" appears not 

113 " Ancient Society " (p. 71). 

1" Besides the positive assertions of Sahagun (Lib. II, Appendix, p. 211. Lib. I, 
cap. XIX, p. 31) : ■' se ponian en una de las casas de onuiion que tenian en los barrios que 
ellos llaniaban calpulli. que quiere decir iglesia del barrio 6 parroquia" and (Lib. II, 
cap. XXXVII, etc.), we have also the testimony of Durdn (Cap. V, pp. 42 and 43, and 
Cap. IX, pp. 79 and 80), and Oviedo (Lib. XXXIII, cap. X, p. 302). 

lie " Historia general," (Lib. II, Appendix, p. 211). 

iic" Historia naturae,'" (.Lib. VIII, cap. XXII, p. 146). 

11' " Historia general,'" (Lib. II, Appendix, p. 211. See note 114). 



623 

only established within that kin's territory, but it is also recog- 
nized even at the central medicine-lodge of the tribe. 

A further evidence of it is found in the manner of distribution 
of the captives, upon the return of a successful war-party. It is 
known that prisoners were always offered up to the idols. Such 
a person, therefore, as soon as secured, became an object of 
" medicine ;" he was so to say a sacred object. Well treated as 
long as he was not needed for the slaughter-block, nothing could 
in the end save him from sacrifice. But this sacrifice itself was 
not made in behalf of his captor, but on behalf and for the kin to 
whom the captor belonged. Therefore upon arrival at the pueblo, 
the prisoners of war were turned over to the respective calpulli as 
their share thus furnishing another illustration of "Separate Rites 
of Worship " of the kins composing the ancient Mexicans. ^^^ 

Having already discussed, in a former paper, the tenure of Lands 
and customs of Inker itance^^^ we now pass on to one of the most 
essential features of tribal societ}-, and one which involves some 
of the vital points of organization and customs. 

The kin was obligated, to protect and defend the persons and prop- 
erty of its members, ayid to resent and punish any injury done to 
them, as if it were a crime committed against the kin itself A^^ 

The impression justly prevails, that the so-called "penal code" 
of the Mexicans was simple but severe, death being, in most in- 
stances, the punishment of offenders. This resulted, in a great 
measure, from the fact that any offence against an individual 

"s Mendieta (Lib. II, cap. XXVII, p. 132), rather contradicts himself when he 
says first: that the captive belonged to his captor, but at the same time, that this cap- 
tor was even killed if he gave away his prisoner to another man. Second : that each 
one had to watch his own prisoners, and at the same time they were guarded in com- 
mon, and at the risk of the "barrio" or kin, which was responsible for their safe 
keeping. Torquemada (Lib. XIV, cap. Ill, p. 540) copies this almost literally. 
Much more positive and clear is Durdn (Cap. XIX, pp. 172 and 173) : " mando Tlacaellel 
repartir los cautivos, porque eran nuichos, por todos los barrios y que cada barrio se 

encargase de guardar y sustentar tantos Los mandones de los barrios repar- 

tieron los presos a cada barrio, a como les cauia." (Cap. XXI, p. 186) : " Montecjcuma 
los mandaua vestir y adere^ar y Uamauava a los Calpixques, que sou los mandoncillos 
de los barrios, y entregauanlas, para que tuviesen cuidado dellos, diciendo que eran 
la merced del sol, Seiior de la tierra, que los daua para el sacriflcio." (Id., cap. XXII, 
p. 192. Cap. XXVIII, p. 237) : " luego fueron repartidos entre los barrios y encomenda- 
dos a los mandoncillos." (Cap. XLII, p. 343, etc.). Tezozomoc C'Cronica," cap. XXIX, 
p. 45; XXXII, p. 51; XXXIII, p. 53; XXXVIII, p. 61; XLIX, p. 80, etc.), confirms Duran 
as might be expected. 

119" Tenure of Lands and Customs of Inhei-itance," llth Report of Peahody Museum, 
1878. 

120 ^'Ancient Society,'^ (pp. 76 and 77). Compare H. Luden (" Geschichte des teutschen 
Volkes," pp. 501 and 502), among the ancient Germans. 



624 

became, according to rules of kinship, one against the social 
group to which he belonged, Tliis presupposes again a general 
division of crimes into two classes, one of which includes such 
as were committed by members of the kin against other members 
thereof or against institutions of the same group to which they 
belonged. The other comprises offenses committed by inhabitants 
of one calpulli against those of another. It is only the first class 
which we talte under consideration here, the second we reserve 
for our discussion of the mode of government. Crimes com- 
mitted within the kin can be classified as against persons, against 
property, and against medicine. 

The aborigines of Mexico are generally represented as being, 
in their every-day's intercourse, of a quiet, peaceable, inoffensive 
disposition, contrasting strongly with their savage ferocity in war- 
fare. This was not however due to any innate gentleness and 
mildness of nature, but only to the peculiar restraint enforced upon 
them by the law of retaliation or revenge. ^^^ Brawls resulting in 
bodily injury were therefore of extremely rare occurrence, and 
then it was left to the parties to settle it among themselves. In 
such cases, as in the event of mutual jealousy, a challenge often 
passed between them, and this challenge brought about an en- 
counter at the next campaign when, while the warriors were 
engaged with the enemies of the tribe, the contestants fought 
as if they ha<l belonged to opposite camps, until one of them 

121 The chaiiicter of the Mexican Aborigines is variously depicted by older writers. 
It appears as a mixture ot childlike docility and fierce passions. Cortes (" Carta Se- 
gunda," p. 18. Vedia, Vol. I), speaks of them according to the reports of the Tlaxcalte- 
cana. Bernal niez C' Jiistoria etc.," pp. S09 and 310. Cap.CCVIII. Vedia II). specially 
dwells on their vices and their cruelty, as evidenced in their sacrifices. " El Conquista 
dor Anonimo' (Col. de Docum., I, pp. 871, 383, 387, and 397), places great stress on their 
ferocity, although lie also says that they are very obedient. The missionaiies generally 
exalt their good sides — their docility and faithfulness. Compare MotoUnia (Trat. I, 
cap. XIV, pp. 7G and 77). The same (Trat. I, cap. II, pp. 22 and 23), mentions, however, 
theii' vices also, attributing nearly all of them (idolatry excepted), to their inclination 
towards intemperance. (Trat. II, cap. IV, p. 113) : " Lo que de esta generaciou se puede 
decir es, que son muy extranos de nuestra condicion . . . ." Zarita (p. 197 — 207), is 
vei"y bitter against such as treat the Indians as barbarians. (Id., 42 and 45). Mendieta 
(Lib. Ill, cap. XLIII, p. 290), says that they were very willing to forgive and ask to be 
forgiven, the latter taking place, before going to confess tliemselves, sometimes before 
all the relationship and tlie neighbors: •' suelen algunos juntar (al tiempo que se quieren 
confesar) toda su parentela y vecinos con quien conimunican, y pedirles perdon en la 
manera dicha." Against tliis, it is reported by Torquemada (Lib. XIV, cap. I, p. 535), 
that " these people were naturally more vindictive, tlian all tlie rest of the world." 
Compare also the descriptions of the character of the Mexicans in Clavigero (Lib. I, 
cap. XV). 



625 

was disabled or until he voluntarily withdrew. ^22 Slanderers, 
however, were punished b}' the kin, having their lips cut off 
or publicly sliced. ^^^ Homicide, and murder, were invariably 
punished by death. ^^'^ 

Intemperance in public was free to people more than seventy 
years old, while if grown men below that age appeared in a 
drunken state (festivities excepted), their heads were shorn clean 
in punishment. But whenever the delinquent was a chief he 
was publicly degraded ; and any officer was forthwith removed 
and relieved of his duties. ^^^ Women who attempted to act as- 

122 Gomara (Vedia I, p. 440) : " no traen ai'mas sino en la suevra, y alii averiguan sus 
pendencias por desaflos." Bartolome de Ian Casas {••' Historia apologetica de Indicts," 
cap. 213 and 214. Vol. VIII of Lord Kingsborougli, note XLV, p. 124). Bystanders in- 
terfered, separating the parties, if tliey came to blows. Motolinia (Trat. I, cap. II, p. 
23), says that such strife and quarrels only occurred when they were drunk: " Y fuera 
de estar beodos son tan paciflcos, que cuando rifien mucho se empujan uno a otro, y 
apetias nunca dan voces, si no es las niugeres que algunos veces riuendo dan gritos." 
(Cap. XIV, p. 76) : "Sin rencillos ni euemistades pasan su vida." Torqueviada {U\h. XII, 
cap. XV, pp. 398 and 309). Herrera (Dec. Ill, Lib. IV, cap. XVI, p. 136). 

^-^Zurita (•' Rapport," etc., pp. 129 and 130) speaks only of children, punished by 
splitting the lips for lying. This is copied by Herrera (Dee. Ill, Lib. IV, cap. XVI, p. 
136) and Torquemada (Lib. XllI, cap. XXX, p. 478). Vetancurt (Part II, Trat. Ill, p. 482), 
however, declares this punishment to have been meted out to adults, adding : " to-day 
there would be many without lips, so much do they lie." Gomara {" Conquista," p. 438, 
Vedia I) speaks of this punishment as having been instituted by Quetzalcobuntl. and 
for adults as well as for children. This, attributing it to Quetzalcohuatl, is an evident 
error. Compare Saliagun, (Lib. Ill, cap. Ill, p. 244). Clavigero (Lib. VII, cap. XVII, 
p. 489) is positive about adults. Bustamante {'■'Tezcoco," p. 195) says that slanderers 
were killed. 

^^* Las Casas C' Historia Jpologetica," cap. 213, Kingsb : Vol. VIII, p. 123) : Destoa 
era el que mataba a otro, el cual moria por ello." Gomara (Vedia I, p. 442) : '• Matan al 
matador sin excepcion ninguna." Mendieta (Lib. II, cap. XXIX, p. 136) : " Sentenciaban 
a muerte a los que cometian enormes y graves delitos, asi como a los homicidos. El 
que mataba a otro, moria por ello." Torquemada (Lib. XII, cap. VIII, p. 387), almost 
copies the preceding. Nearly all the authors agree on this point, except, according to 
Mr. Bancroft {"Native Races," Vol II, p. 459. note 59), Duran, who is said to assert: 
"that the murderer did not suffer death, but became the slave for life of the wife or 
relatives of the deceased." In this Duran agrees with th " Codice Ramirez." Vetan- 
curt (" Teatro," Vol. I, p. 485) says that even for murder committed in a drunken 
state, the culprit was killed (hung). Clarigero (Lib. VII, cap. XVII, p. 484) briefly 
states that all homicide was punished with death. As to the manner of execution, it is 
variously stated. It would be unsafe to attempt going into details. 

120 It is well known that there was an idol for the drunkards. Sahagun (Lib. I, cap. 
XXII, p. 40) even gives the names of thirteen " dioses del vino." According to Gregorio 
Garcia (" Origen de los Jndios," etc. Lib. Ill, cap. II, §VI, p. 92, who mentions as au- 
thority Fray Estevan de Salazar, " Historia, i Relacion de la Teologia de los Indios Mexi- 
canos" lost in a shipwreck, 1564), they had three hundreil gods of the drunkards "que 
de solos los borrachos tiener 300 Dioses." See also Torquemada (Lib. VI, cap. XXIX, 
p. 58) and others. The punishments are given by me after Mendieta (Lib. II, cap. XXX, 
pp. 139 and 140). Copied textually by Torquemada (Lib. XIV, cap. X, p. 550). Besides 
these, Zurita (pp. 110-112) asserts the same, even more explicitly, and he is followed by 
Herrera (Dec. Ill, lib, IV, cap. XVI, p. 136). Vetancurt (Vol. I, p. 485). Clavigero (Lib. 



626 

procuresses were severely punished, though not with loss of 
life. 126 

While clandestine relations between young men and girls were 
known to exist and, if not sanctioned, still were not punished, ^^^ 
it was different if a married man attempted to seduce a maiden 
who was not an outcast. The seducer was invariably punished. ^-^ 
Intercourse between unmarried people was tolerated, as a pre- 
liminary to marriage and the consequent increase of kinship, but 
if a husband, in contravention of the obligation "not to marry 
in the kin," endeavored to satisfy his lusts upon one of that kin's 
wards, as the daughters of members all were, then he committed 

VII, cap. XVII, p. 488), all afllrm, besides, that young people, while yet in care of the 
" houses of training," if intoxicated, were killed. This is also confirmed by Sahagun 
(Lib. Ill, appendix, cap. VI, pp. 270 and 271). Except by MotoUnia (Trat. I, cap. II. pp. 
22 and 23), it is generally conceded that drunkenness was well controlled in aboriginal 
Mexico. 

12^ Although prostitution was tolerated, still, houses of ill-fame did not exist. Tor- 
quemada (Lib. XII, cap. II, p. 376): " Esto parece, porque permitieron, que huviese 
Mugeres, que se daban a los que querian, y se andaba a esta vida suelta, y gananciosa, 
come las de nuestra Espaiia, y otros Reinos; puesto que no tenian casa seiialada, ni 
publica para la execucion de su mal oflcio, sino que cada qual moraba donde le parecia, 
yel acto deshonesto, en que se ocupaba, serviade lugar publico, yen el mismo vicio se 
hacia publica y se manifestaba." Vetancurt (Vol. I, p. 480) ; " Perniitian los mexicanos, 
mujeres que ganasen con sus cuerpos, aunque no tenian lugares setialados." It is, 
therefore, not quite clear what may be meant by the term " alcahueta." In the sense of 
the French word " entremetteuse," alone, they were amenable to punishment, since it 
was the duty of the man to hunt his " female," although he sometimes employed women 
called "cihuatlanqui" for that purpose. I suppose that such women were punished, 
not for the immorality of their conduct, but for their unauthorized forwardness in 
addressing themselves to men, and thus trespassing upon the dignity of that superior 
being. In regard to authorities on the mode of punishment, I but refer to those quoted 
by Mr. H. H. Bancroft (Vol. II, p. 469, note 101). 

i^'I have already shown that young people held intimate relations with each other 
before the formalities of marriage were arranged. Thus, while he was yet at the 
"Telpuchcalli," the youth had his female friend, ''amiga" or "manceba," outside. 
This is positively stated by Sahagun (Lib. Ill, appendix, cap. VI, p. 271): "y estos 
manoebos tenian sus amigas cada uno dos 6 tres, la una tenian en su casa, y las otras 
estaban en las de sus faniilias," and Torquemada (Lib. XII, cap. Ill, p. 376). That 
these female "friends" were regarded with more than a feeling of platonic love, 
is dryly expressed by Sahagun (Id : cap. V, p. 270) : " y los que eran amancebados ibanse 
a dormir con sus amigas." It is also asserted by Torquemada (see above) : " que despues 
que aquel mancebo havia un Hijo, en la dicha manceba, luego le eraforcoso, 6 dejarla, 
6 recibirla por mnger legitima." Vetancurt (Vol. I, p. 480): "los niancebos antes de 
casarse tenian sus mancebas, y solian pedirlas a las madres." This almost establishes 
promiscuity among the ancient Mexicans, as a preliminary to formal marriage. 

128 Clavigero (Lib. VII, cap. XVII, p. 485) says that tlie punishment was not like that 
of the adulterer, "because the husband was not required to the same amount of con- 
jugal fidelity as the wife." With " slaves " concubinage was permitted, and the result 
of childbirth was freedom to the child. Deatli was invariably the punishment of 
those who held, or attemjited to hold, intercourse with girls in care of the house of 
worship. Zurita (p. 106, etc.). Mendieta (Lib. II. cap. XXIX, p. 1:^6): "El que hazia 
fuerza a virgen, ora fuese en el campo, ora en casa del padre moria poi' ello." 
Report Peabody Museum, II. 40 



627 

a crime which the calpnlli was bound to punish in the most exem- 
phuy manner. 

Wliile we are not at all surprised at such severitj'^ in the cases 
above stated, it cannot fail to astonish us, that such apparently 
harmless acts as those of a man tvearing female dress and of a 
woman appearing in male attire were visited upon the offenders 
Avith death. ^29 Still, the ancient Mexicans could assign from 
their peculiar point of departure good cause for such cruel punish- 
ments. Tiie position of woman was so inferior, they were regarded 
as so far beneath tlie male, that the most degrading epithet that 
could he applied to any Mexican, aside from calling him a dog, 
was that of " woman." It was more injurious than coward. Now, 
for a man to assume the garl) of such an inferior being became 
almost equivalent to a crime against nature. It was an act of 
wilful degradation which was a deadly insult to his own kin. On 
the other hand, if a woman presumed to don the dress of her 
lord and master, it again was a crime of an equally heinous 
nature. In both cases the dignity of the whole consanguine 
group became deeply affected, and death alone could satisfy its 
honor. After this, it is needless to say how the actual crimes 
against nature were regarded and punished. ^^^ 

It was also a capital crime for any man, to assume the dress 
or ornaments peculiar to an office, without being himself that 
office's lawful incumbent. Besides being a grave insult to the 
rigiitful officer, it was a dangerous offence towards the kin, 
especially in case of war, when it amounted to actual treason. ^^^ 

Nince it was the kin's duty to protect, not onl}' the persons, but 
also the property of its members, it follows that adultery com- 
mitted with a married woman entailed deadly punishment upon 
the male, whether he was married or not. His crime was that of 
stealing the most precious chattel of one member of the calpulli. 

'"5 This is so generally mentioned by all authors, that special references are super- 
fluous. 

'3" All authors insist that incest was punished with death. Torquemada (Lil). XII, 
cap. IV, p. 380) : " Todos los que conieti;in incesto en el primer grado deconsanguinidad, 
tenian pena de muerte, si no eran cuilados, y cunadas." Mendieta (Lib. II, cap. XXIX, 
p. i;J7). Vetancurt (Vol. 1, p. 481). All these autliors appear to have gathered their 
iniormation from the same source, or rather Toiquematla is' Irequeiitly Mendieta's 
pbtgiarj', while Vetancurt often copies Torquemada. To avoid superfluous quotation, 
I beg to refer, on the subject of " unnatural crimes," to Bancroft (V^ol. II, pp. 466, 467 
and 4(i8, " Natice liacfs"). 

'21 .Uenditta (Lib. II. cap. XXVII, p. 1.32), copied by Torquemada (Lib. XIV, cap. III. 
p. 540), Durdn (Cap. XA.VI, pp. .14, 215 and '216), and others. 



628 

The woman, as participant in the offence, was also killed. Both 
were executed in public. ^^^ Theft of objects Avas variously pun- 
ished. If the article was of small value and could be returned, 
its restitution settled the matter ; ^33 [)„t, \f \^ were of greater value 
and could not be returned, then the thief became " bondsman" to 
the injured owner or even suffered death for his crime. ^^^ The 

132 if^ however, the husband killed the wife himself, even if he canglit her 
fiagrante delicto, he lost his own life. This shows clearly, that.tlie crime was consid- 
ered as one not so much aarainst the man, as against the cluster of kindred to which 
he belonged, and they were consequently not only bound but entitle I to avenge it. 
Evidence of tliis punisliment of the injured liusband in ca^e he avenged himself, is 
found in many authors. See i^fendicta (Lilx II. cap. XXIX, p. ]3f>), Torquemwln i^lAh. 
Xll, cap. IV, p. 378), Clavigero (Lib. VII, cap. XVI], p. 48t), and //. H. Bancroft (Nol. 
Ily-p. 4H5). 

In strange contrast with the frequent assertions of the high-handed m:inner in 
which the cliiefs are said to liave used, at their will and good pleasure, the women of 
the land, as for instance in Gomara (Vedia I. pp. 4:W and 43!)), MotoHnia (Trat. II, 
cap. VII, p. \'lb) and others, we find it positively stated tliat adultery and rape were 
severely punished even in the case of the highest officers and chieftains. Thus, 
the case of tlie -chief of Tiaxcalian, who was executed for adultery, is related 
with full details by Las Canas (" Hist, apidogiitica." Cap. iKJ, in Vol. VIII, of Kings- 
borough, p. 1-23), Zuiita (pp. 107 and lOS) Toniuemada (Lib. XII, cap. XV^ p. 3!ti)). An- 
other story of a son of the chief of Tezcuco, killed lor iiitercour e with g'rls then in 
the houses of worship, is also fully given. Irt/ilxoahitl (''i/t.J. ties Chichime- 
ques," Cap XLIV, pp. 315-3-20), Torqiiemuda (Lib. II, cap. LXV. p. Jei;)). etc. These are 
strange contradictions and are, sometimes, found even between fact and fact as told 
by the same author. 

133 Gomara (Vedia I, p. 443), says : '' El ladron era esclavo por el ))rimer hnrto," but 
this is not sustained by others, in the case of small thefts. For instance, Mendieta (Lib. 
II, cap. XXIX, p. 138) : " El ladron que huitaba huvto notable, .... por la prinura vez 
era hecho esclavo." Torqucmada (Lib. All, cap. V^, p. 381), but espe;Mally (Lib. XIV, 
cap. XXI, p. .')04) : "Al que hurtaba pequeiios huitos. si no eran muy frequentados, con 
pagar lo que hurtaba hacia pago." Clavigero (Lih. VII, cap. XVII). 

., 134 The statements are positive to th^t efl'ect. Mendieta (Lib. II, cap. XXIX. p. 138), 
Torquemada (Lib. XII, cap. V, p. 381), Fetancurt (Vol I, p. 4SS). '•Anonimo" (Col de 
Doc; I, p. 383) exaggerates. '■•De Vordre de Succession obserre par /cs Indiena" iVlr. 
Ternaux Compans' translation of a Simancas MSS., (l.st Uecueil, p. 228) coutirms the 
1,* anonymous." Fray Francisco de Bologna {^•Lettreau R. P Clement de A f one I ia, '■ lat 
Becueil, \>. 211) : '• lis n'etaient pas tres cniels dans les punitions qu'ils infli^eaient atix 
coHpables." Gabriel de Chai-es {'■•Rapport sur la province de Meztiilan,'' Fi-ench 
translation by Blr. Ternaux, 2d Uecueil, p. 312,— original held by Sr Icazliah'eta). 
Herrera (Ueo. Ill, lib. IV, cap. VII, p. 121), about Nicaragua : " Cortaban los Caljellos 
al Ladron, i qnedaba Esclavo del Dueno de lo huitado, hasta que pagase." (Lid. III. 
cap. XV, )}. 101). at Izcatlan ; '-con los bieiies del Ladron. despiies de justiciado, s. t- 
isfacian al agraviado. Ixtlilxochitl {•• H'i-<toire des ChicJiimefjiies," Cap. X.XXVIII, p. 
266) : " Celiii qui volait dans les villages ou dans les niaisons devenait I'esclave du vole, 
quand il n'avait pas commis d'effraction. et que le vol etait de pen d'im|ioitance; dans 
le cas contraire il etait pendu." C- Ortega (Appendix to Veytia, Vol. Ill, p. 22.5) : " Casi 
siempre se castigaba con pena de miieite, a menos de que la paite ofeudida conviniese 
en ser indemnizada pur el ladion. Tanibien tenia el ladron la pena de ser esclavo del 
duefio de lo que robaba ; y si e te no lo queria, era vendido por los juezes, y con su 
precio se pagalia el robo." BvsUimante ('■ Tezcoco," Parte Ilia, ca)) I. p. I!t7). 

Several of the authors above quoted, relate the well known t.ile about " wr;ithy 
Chief" (Montezuma) picking some ears of corn in a gardenplot, lor whicli lie was ap- 



629 

duration of this bond, whether for certain time or for life, is not 
stated. If any one clianged the limits (lines) of the individual 
lots (" tahuili)a"), or of the official tracts, he lost his life. His 
offence was not so much against the occupant as against the 
kin, who had fixed the destination of each particular plot of land, 
and determined its boundaries. ^^^ It is also mentioned that "he 
who squandered the property of minors left to his care" suffered 
death for it. The case could only be that of an oldest son, or of 
a father's brother, in whose care the " tlalmilli" improv^ed by the 
deceased was left, to be improved for the benefit of the latter'g 
children. If now this warden failed to have that lot tilled for 
two jears, it became lost to his wards, who were thereby lefb 
without means of subsistence. There was no restitution possU 
ble, therefore the negligent administrator paid with his life fou 
the neglect, >3^ 

In general, we discern the ruling principle : that for theft there 
were but two ways of atonement. One consisted in the return 
of tlie stolen pioperty, and if that was no longer possible, then 
the person of the thief had to suffer for it. Wherever no bodily 
labor could replace the value of the loss (as in the last case men- 
tioned) the life of the criminal became forfeited to the kin, since 
the suflerers looked to that cluster for redress. ^■''^ This carries us 

preheiifled by its owner or at least occupant. This story shows, that no chief was 
exempt from pani^liment even for sliglit misdemeanors. 

I refer to Torquemada (Lib. XIV, cap. XXI, p. 5(i-i), Vetanc%irt ('' Teatro" Vol. I, pi 
483), By.>itamante {'• Tezcoco," p. 197) for the assertion that the kin of tlie thief 
assisted him in discharging the penalty for his crime. The former says : '• y si no tenia 
de que pagar, una, y dos veces, los parientes se jiintaban, y repartian entre si el valor 
del huvto, y pagaban por el, tliez. y doce niantas, y desde arriba : ni es de creer, que 
hacian Esclavo por quarenta, ni cinquenta mazorcas de maiz, ni por otra cosa de mas 
precio, si el tenia de que pagar, 6 los Parientes." On this important point — the soli' 
clarity of the kindred in the case of the crime of one of their number, see, further on, 
note lo7. 

130 To the authorities so frequently quoted on other subjects, I will add here Ixtlilxo- 
chitl (•' Rdaciones historicas," Vol. IX, l.,ord Kingsborough, p. 387). 

130 Torquemada (Lib. XII, cap. VII. p. 3S.i) calls this an " extravagant law." Further 
quotations useless. 

"' It is stated hy A.de Vetancurt (•' Teatro Mexicano, Vol. I, p. 483) : " En los hurtos- 
era ley general que siendo cosa de valor teniau pena de muerte; y si la parte se convc^- 
nia, pag.iba en mantas la cantidad al dueiio, y otra mas para el flsco real; a esto 
acudian los parientes." This "obligation to lielp" on the part of the kin we have 
already met with in the case of marri.age, where the kin assisted the newly married 
couple. (See Zurita, '•Rapport,'" p. 13-2): "Si le jeune honime etait pauvre, la com- 
munaut^ oii il avait ete eleve I'aidait." We find it subsisting after the conquest, 
as when an Indian died, leaving debts, his kinship paid them for his estate (which in 
most cases was insolvent), or "worked it out for him." This is asserted as follows by 
Fray Augustin Davila Padilla (.'-Historia de la Fundacion y Discurso de la Provincia de 



630 

to a class of thefts and other similar offenses, committed against 
worship or " medicine." 

Any attempt at seduction of a female who had taken the 
pledge of chastity in behalf of medicine, was most cruelly pun- 
ished, both in the persons of the seducer and the teraale ; and if a 
medicine-man broke his vows, he suffered a horrible death. ^^^ 

We have already mentioned that it was a capital crime on the 
part of a warrior to take for himself a prisoner of war secured by 
another.139 Such cases occurred only during an engagement or 
immediately after it. Why an action of tliat kind should entail 
so rigorous a punishment can be easily inferred, if we recollect 
that a captive of that kind became at once sacred — an object of 
medicine. No return could atone for the offence, since it hud been 
committed against the " rites of worship," one of the kin's most 
sacred and important attributes. Under the same head must be 
placed the capital punishment of such as wrongfully appropriated 
to themselves gold or silver. Both of these metals were regarded 
as objects of medicine, and whoever seized them unlawfully, com- 
mitted a crime against worship also.^^** 

Santiago de Mexico " 2(1 Edition, 1525, Lib. I, cap. XXV^I, p. Si) : ''Si mnere alguno dellos 
con deudas, couio si los deudos las hevedassen por paret-.erse deudas y deiidas cii el 
nonibre, procuran luego eiitre los pavientes pagarlas. porque el aninia de sn diliinto no 
dilate la entrada en el cielo. Y si no tienen caudal para pagar, procuran que se per- 
done la deuda, y sino salen con esta triig i, se dan hiego toilos en servicio al acreedor 
hasta que del todo se pague lo que el difunto devia. Viviendo yo en el colegio de Sau 
Luys de predicadores el ano da 158(), sucedio niorir un Iiidio que trabajaua en aquel 
Bumptuoso edificio, y era niuy diestro cantero; auia vecibido dineros adelaiitadot^, y 
quando niurio quedava deviendo veynte pesos, 6 reales de a ocho. Vinieron luego 
al colegio los parientes reconocienda la deuda, y pidiendo que los ocupasen en sei'vioio 
del colegio, para que se descontasse lo que su del'uiito deuia. No se les daua mucl'.o a 
los padres del colegio pov cobrar estos dineros; porque demas de ser pocos no parecia 
que auia niolo i);ira cobrarlos ; y mas por acudir a la devocion de los deudos, le dixeron 
'a uno, que viniesse a trabajar en la luierta. Era niarauilloso el cuydado del Indio, ansi 
en venir cada dia, conio en venir niuy de nianana; y preguutandole nii religioso la 
causa de su cuydado, dixo, que le tenia i)oique su pariente se fuesse al cielo. y desde 
alia le .ayudasse con Dios, y no esluviesse en el infierno chiquito, que los predicadores 
Hainan purgatorio." 

My friend Col. F. Ilecker, to wbom I comninu'catod the above, at once recognized 
in it an analogue to the ancient Teutonic "Gesammt-Burgscluift." He called my atten- 
tion to the remarkable organization of the Germans. Compare Luden {"Geschlclite," 
etc.. Vol. 1, p. .Wi). M'hicli valuable source I also owe to tlie kindness oi' the distin- 
guished German jurist. 

i=s In regard to " priests " it is also staled that they were merely degraded and cast 
away; but this is hardly probable since, the higiier the position of the culprit, the 
severer was his punishment. 

ISO Compare also H. II. Bancroft (Vol. 11, p. 419). Prcscott (" Conquest," Book I, chap. 
terll, p. 47). 

^'^oMendieta (Ivib. II, cap. XXIX, p. 138). Vctancurt (Vol. I, p. 48i) : "Al que luirtaba 



631 

In the above review of those offences and their punishments, 
immediate!}^ connected with that rule of tribal society which 
phices the persons and property of tlie members of a kin under 
that kin's special protection, we cannot pretend to have furnished 
more than illustrations, and not at all a full catalogue. Still, 
enough has been told, we believe, to explain what is frequently 
styled the "penal code" of the ancient Mexicans' It is well 
known, that no actual written laws existed, but on the other 
hand, at the time of the Spanish conquest, the natives still had 
a large number of paintings which represented their own manners 
and customs. Since a considerable proportion of these picture- 
leaves bore on the same subjects, the inference cotdd be easily- 
drawn that they indicated forms for the guidance of the people, 
or in other words, that they were a substitute for a written code. 
This was not at all their object. They were simply efforts of 
native art intended to represent scenes of everj'day life, since 
these were the most handy subjects for such purposes. There- 
fore such pictures are to be regarded as convenient remains of 
aboriginal art, out of which many details concerniug aboriginal 
customs may be gathered, but not as "official" sources, from 
Avhich to seek information as to the "law of the land."^^! 

pl;\ta y oro lo desoUaban vivo y sacrificaban al dios de los plateros, que llamaban Xipe, 
y lo sacaban por las calles para escainiiento de otros, poi- ser el dvlito contra el dios 
fliigido." This sacrifice to one pai ticular Idd. however, is neither mentioned liy Tor- 
quemada nor by his predecessor and main source, JJendieta. Clavigero (IJb. VJl, cap. 
XVII, p. 487) copies Vetancurt almost tcxlually. So does Ortega (Vol. JII, p. 21^, Ap- 
pendix to rei/iia's '^/Hst. Antigua"). Bustmnaiite {"Tezcoco,'" p. ]9(J) co)iies llie former 
aicain. Still it is sing-ular tliat tlie older the source, that is, the nearei- in d:ite to tlie 
time ol" the conquest, tlie less po.'-ilive it is on the point of sacrifice. It will be sate to 
admit thiit the criminal was killed lor a crime commiited against worship, without in- 
sisting upon a particular place or mode of puiiishment. 

!■" Klsewhere ("0/( the Sources for Ahuriginul History of Spanish America," \n\'o\. 
XXVII of the "Proceedings of the Amf9'icaii Association for Advavcemeut of Sciince," 
XS78) I have attempted a discussion of the nature of JMe.xican paintings, and of their 
value as sources of history. I will add here but two positive declarations, on the 
subjects of the paintings, which I had not noticed at the time the above jiapcr was 
read at St. Louis, iNJissouri, Aug , 1878. Juan de Solorzano- Perei/ra {••DispnUitinnem 
de liidicrum Jtire." I(i29, Vol. 1, Lib. II, cap. VIII, p. 3:U, § 9(>) : "Quod de I'hoeniciUus 
t adit etiam Lucaiuis, et in Mexicanis n.jstris expert! fuimiis, qui si non litteris, 
imaginibus tamen, et liguris ea omnia, qu;e sibi memoranda videbaiitur, significabaut, 
et conservabant." The other is of recent dale, being taken from a discourse de- 
livered before the "Academia Mexicana." by my friend Sefior I). J. G. Icazh(dc<4a 
{"Las Bibliotecas de Eguiara y de Eerislain,'" p. 353 of No. 4, Vol. I, of '^ Afemoriiis de la 
Academia") : " El antiguo pueblo que ocupuba este siielo no conocia las letras, y con eso 
esta dicho que no podi;i tener cscritores ni literatura. Su imperfectisimo sistema de 
repre^elltar los objetos e ideas, tenia que limitarse a satisfacer, liasta dondo podia, las 
necesidades mas urgentes de la sociedad, sin aspirar a otra cosa. Asi es que no se 
empleaba sino en registrar los tributos de los pueblos, en senalar los limites de las 



632 

In this rnpid sketch, we have failed to find, among aboriginal 
modes of punishment, two wliich were common to almost every 
nation of the old world, namely: whipping, and imprisonment. 

Whipi)ing, beating, or lashing was, among the Mexicans as well 
as amongst all American natives, known only as a deadly insult. 
It is nevertheless true that the Mendoza Codex contains pictures 
representing a Mexican father who a[)plies to a son the rod of 
punishment. 1"*- Again, the candidate for the office of chief had 
to endure beating ^"^^ along with the other sufferings incident to 
his time of trial. But no "bondsman" was ever whipped or 
flogged, neither was a criminal subjected to this degrading penalty, 
for which death would have been a thousand times preferable. ^''^ 

The Mexicans had places of confinement — dark and gloomy 
recesses with entrances compared to " pigeon-holes. "^^^ Every 
oflflcial building, and also the places of worship contained them. 
They were called: "place of the taken one," " teilpiloyan ;" i^e 
"place of entombment or confinement," "Tecaltzaqualoyan,"^^^ 
and "house of wood," Quauhcalli." i''^ The latter, which is par- 
ticularly described as a wooden cage placed within a dark cham- 
ber, was reserved for those whose doom was sealed, whether they 
were criminals sentenced to immediate execution, or captives to 

hcredafles. en rccorrtsir las ccrcmnnias de la religion, y en contribnir a conservai- la 
memin-ia de los siicesos mas notables, que ann con ese auxilio liabria perecido, a no 
Ijei-petiiarse en las iradiciones I'ccogidas por los pvimeros pi-edicadores del Evangelio." 

^*^ '• Mendoza Codex" (Kingsbovough, Vol. I, plates LX, part 3), the bi>y being nine 
yeav.?i old. 

■^i^Mendietn (Lib. IF. cap. XXXVIII. p. 1.57). Torquemnda (Lib. XL cap. XXIX, p. 
362). Cliivigero (Lib. VII, cap. XIII. p. 472), etc., etc. 

1" It was no dishonor to suffer tortures, but wliipping was a deadly insult, as among 
other Indians. 

^'^^ Mendieta (Lib. II, cap. XXIX, p. 138): "^Tenian las carceles dentro de una casa 
oscura y de poca cliiridad, y en ella bac.ian su j uila 6 jaulas; y la puerta de la casa 
que era peqiiena como puerto de paloniar, cerrada por defnei'a con tablas, y arrimadas 
grandes piedras." Torquemada (Lil>. XL cap. XXV, p. 3.53). 

^*i^ Molina (II, p. !U), "teilpi" — el que prende o encarcela a otro " — '• teilpiliztii " 
" prendimienio tal." (Id. I, p. 98). •' |)render" " niteylpia." Among the 78 edifii'es of 
the great central idace of worsliip, SaJuu/un (Lib. II, Appendix, p. 210) mentions one 
place "Acatlayiacapan VeicalpuUi" "estaera una casa donde juntabau los esclavos 
que habian de m:itar a honia de los Tlaloques." (Id., Lib. VIII, cap. XV, p. 304. Cap. 
XXL P- 309) mentions "jails" in connection with tlie official house or -tccpan." That 
the different c.ilpuUi or "barrios" had each its places of conrtnemont is noticed by 
Durdn (Cap. XXt, p. 187) : " Los calpixques los rcceuian y los ponian en las casas de 
sus coninnidades 6 del sacerdote de tal barrio." 

1-17 Molina (II, p. 91) : '■ Tecalli " a vault, " casa de boveda." Since the Mexicans had 
no arches, it meant actually a tomb. 
' "8 Molina (II, p. 8j) : " Jaula grande de palo, adonde estauau los presos por sus del- 
ictos " 



633 

be sacrificed forth with.^^^ The two former kinds of prisons were 
used for ligiiter degrees of offenders. At any rate they were but 
temporary phaces of detention, for any piisoner left there for any 
lengtii of time invariably died of hunger, filth, and bad air. Per- 
manent confinement simply meant death. ^^^^ 

The execution of all tiiese i)enalties necessarily^ presupposed 
for the kin a regulated administration. It therefore leads us to 
the governmental machinery proper of the calpulli. The nature 
of this government is expressed liy the following rule of kinship, 
already found in vigor among more northern Indians. 

The kin had the right to elect its officers, as tvell as the right to 
remove or dcjxjse them for misbehaviorJ^^ 

This at once establishes the cal[)ulli, as we have already stated 
in several places, to be an autonomous body, enjo\,ing self- 
government, consequently a democuatic okgamzation. The tiulh 
of this we intend to show by an investigation of the difl[erent offi- 
ces to which the care of the kin's business was committed. 

A council, consisting of a number of old men, formed the high- 
est authority of the calpulli. How many they were is not stated, 
but it is probable that their number varied according to that of 
the members of the kin. Medicine-men may, also, have been 
members of this body, which held its meetings at intervals in the 
official house of the '•'• quarter." It exercised criminal jurisdiction 
as well as civil, and attended to all grave questions affecting the 
kinship. It is also stated that, on certain occasions, a general 
meeting of all the members of the calpulli was convened. '^'^ 

"°Xo bettei- illustration of the '• Qiiiiiilicalli " can be found Uian that given by H. H. 
Bavrroft (•' Native Races," cap. XIV, \y. 453. Volume II). 

i^oThe cruel and unwholesome nature of aboriginal jdaces of detention previous to 
the conquest is amply stated. As it is very justly remarked by Mr. Bancroft (Vol. II, 
p. 4.o:^): '-They had prisons, it is true, and very cruel ones, accoi'ding to all accounts, 
but it appears that they were more for the purpose of confining prii^oners previous to 
their trial, or between their condemnation and execution, than permanently, for punish- 
ment." To the authorities quoted by tlie celebrated Californian. I will add liere in 
further support of his views (and mine), Gomara (Vedia I, p. 4t'2) : '• I,as carceles eran 
bajas, liumedas y escuras, para que temiesen de entrar alii." Vetuncurt (\'ol. I, Part 
II. Trat. II, cap. I. p. 370). Tezozomoc (•' Croniai. " cap. XCIX, p. 170) : " mandoles llevar 
a la can'el a todos, que Uamaban caaucalco, que era a manera de una caja, como cuando 
entapian ahora alguna persona, que les dan de comer por onzas." 

13. •'■Ancient Society" (Part. II, chapter II, pp. 71, "rl, and 73. Chap. VIII, p. 22.i, 
Cap. XI. pp. 28.T and 2!)7). 

"2 It is singular that this council of the kin or "gens," while some ]iarts of its fnnc 
tions are preserved in nearly every author, has as a body been so generally overlooked 
Zarita (pp. ^b and ^K) says : •■ the chief does nothing without consulting the other old 
men of the calpulli." Indirect evidence of it is given by Sahugun (Lib. 11, cap. 



634 

This council however, while it thus united both the highest 
admiuistrative and judiciary powers, required other officers for 

XXXVrr, p. ISo), m his description of tlie feast of tlie niontli "Izcalli." Tliese "old 
men" reappear again in connexion witli celebrations aflfci-ting- tlie calpuUi, at least 
occasionally. This council however, stdl existed at a recent date (1871) among the 
natives of Guatemala. Sr. D. Juan Gavurrete of the City of Guatemala (La Nueva) 
writes to me under date of Ifth March, 187!) : " Cuando en el puelilo liny varias parci- 

alidades 6 calpules, cada una de ellas tieiie .su calpul 6 consejo de cierto 

iiuiiiero de Aiicianos y estos rennides eligen las Autoridades comunes del iniebln, noni- 
br.indo tambien ah'.alile- subalternos para las diversas parcialiilades." In his Introduc- 
tion to the " lieid Kjecutorli" (Col. de Doc. II, pp. XII and Xlll), the late Sr. Jasa F. 
Jtamirez attributes the creation of an elective municipal council to an act of policy of 
the Spanish government. It is clear, howevec, from the authors of the XVIth century, 
especially from Zurita. that this '• democratic element " (" el elementi) democratico " as 
Sr. Ramirez calls it), was an aboriginal one.. Therefore the council still subsisting in 
Guatemala is an original feature, with changes in names and functions, made to 
suit tlie 1 iws of Spain. Rtt.mirez de Ftieid&d (Letter of M Nov., liS'i. l^t Recueil, p. 
24;)), mentions "other oflicers called riejos (old men)" i" "each (|uarter or as they 
were now called, parishes." The following quotation from Juan de Sdorgano {"De 
Iiidiarum Jure," Vol.11, lib. I, cap. XXI II, (ip. '210, §21), is of intere>t upon tlie question 
raiseil by Si'. Ramirez: "In Nova quoque Hispaiiia, cum iiae reductiones, qu;is ibi Ay 
grcffatioiies vocant, i praestanti illo, et iiriidenti Duce Ferdinando Cortesio stabilitio, 
et consiituite fuissent. et postea, temporani, et Ilispanorum iniuriae, valde collapsae, 
ac subvei'sae; alias deuo fieri et factas instaurari cur.ivit Excellentissimus ille. et 
Pijissimus Prorex Canes de Monte Regio, schedulis etiam, et iirovisionibus Regijis 
sibe ad hoc deinamlaiis, morein gerere cupiens: in quibus tamen exequeiidis, ni:igiiae 
dificultates. et Indorum stragcs expeitae sunt, quia eoriiin iiliqui voluiitavio suspeiidio 
vitani titiire inaluerunt, quaii in designata sibi muniuipia reduci." This was published 

in um:' 

111 all likelihood there was no regular time of meeting of these "old men." They 
met as emergency required, and as tliey were called together. There is even a trace of 
a general meeting of the inhabitants of a Cidpnlli, in Zurita (p. (i'2) : " Dans ces circon- 
staiices, les habitants du cal|iulli se reunissent pour trailer les interets commuiis, et 
regler la repartition des impels, etc." We thus witness in the calpulli the following 
methods of exercising authority : through the joint meeting of all its members for the 
disi'iissiou of mailers affecting the wlnde comniuidty, thmngli the "old men" con- 
trolling the regular business, and, through wh:it the older authorities called "chiefs" 
or executive ofliceis, of whom I shall treat hereafter. An important question remains 
to be examined here namely: whether the ealpiilli really had, as 1 have asserted, 
criminal jurisdiction over its members, or whether tliis pertained to higher officers 
or so-called " tribunals." 

Against the assumption, that questions of life and death could be decided hy the 
"qu;irtei's," "barrios," or "calpulli," there is we contests it, apparently weiality evi- 
dence. Ill order to examine this vital question critically, I am compelled to take each 
author by himself, comparing his various statements (if there are more than one) on the 
same snlijei't witli each otiier. I must premise, however, tliat neither CorU's, nor 
A7idres de Td/na. nor liernal IHez de Castido mentions having seen any one judged and 
condemned by the head-war-cliief of the Mexican tribe. Tliis, however, may be a 
simple omission on their part. 

Sidiar/nn (Ml). VIIF, cap. XXV, p. ,314): " j' los casos muy dificnltuosos y graves, 
lleviibaidos al sefior para que los f-entenciase, jiintamonte con trece principides muy 
calilicados, que con el anclaban, y residian. Estos tales eran los mayores jueces, que 
olios llamaban tectitlatoqne : estos ecsamiiiaban con gr.'in diligencia las causas que ibaii 
a sus manos; y ciiando quiera que esia andienci.'i que era hi mayor, sentenciaba algnno 
a imiertc, luego lo eiitregabaii a los ejeu tores ilc la jii>ti('i:i.'" Thus far the jurisdi< tiou 
of the tribal olllcers only comes into play. But the same authoi also mentions the 



635 

everyday business, who should at the same time be tlie executors 
of its decrees. Of these officers there Avere two, both strictly 

power of certain ollicers of the kin to kill in piinisliment of certain crimes, (Lib. Ill, 
Appendix, cap. VI, p. 271). If a young man was caught drunk : " castigabanle dandole 
de palos hast.a matarle, 6 le daban garrote delante de lodos reunidos." This being 
done in the case of a youth committed to the ■' telpuc.hcalli," it necessarily follows 
that the power to punish by death, was vested in the kin to which the particular •' tel- 
puchcalli " belonged. 

Zurita (p. 101 and 10(5) intimates rather than asserts, that all grave matters, includ- 
ing lile and death had to be submitted to the highest '-court of appeals," " les douze 
juges d'api)el " over which the king piesided. But he does not stale that this body 
had exclusive jurisdiction. 

Goniara (Vedia [, p. 44'2, " Conquista") evidently mistakes in confounding the gath- 
erers of tributes with juilicial officers and says nothing in regard to criminal jurisdiction. 
His statements will be examined elsewhere. 

Mendietd (Lib. II, cap. XXVIII, pp. 131-13(5) says that all the "Judges" remained in 
the official house of each tribe: " cada uno de ellos en su propio palacio tenia sua 
audiencias de oidores que determinaban las causae y negocios que se ofrocian, asi 
civiles como criminales, repartidos por sus salas, y de unas habia apelacion para 
otras." Further on he says that every eiglity days " se sentenciaban todos los casos 
criminales, y duraba esta consulta diez 6 docc dias." Torquemada (Lib. XI, cap. XXV, 
pp. 3.52 and 353) is remaikably indefinite on the point. To him, the tribal officers alone 
appear pi'ominent in tlie case. (Cap. XXVI. pp. 3.54 and 355), however, wherein he fully 
treats of the judicial organization of Tezcuco, enables us to discern the separate juris- 
diction of each calpulli. Tlie textual rendering of the whole chapter would be too 
lengthy, and I must therefoie confijie myself to abstracts. He begins by saying that, 
wliilc Tezcuco had fifteen '• provin<;es" subject to it (•'snjetas a su Sefioria"), "not all 
of them had supreme Judges " (■' pero no en todas havia Jueces de ettos inmcdiatos, y 
Supremos"). Therefore it was ordained, '' that there should be six courts ("audien- 
cias "), like chancery-offices (" como chancillerias ") in six particular pueblos, to which 
all the other said Provinces were reduced, and to them they applied from all over the 
kingdom." He further states that at each of these houses (which he subsequently calls 
" tecpans ") were stored the " royal tributes : " " se recogian todos los Tributes Reales, 
por los mismos Jueces." Besides, there were "four Judges" at the " palace," and at 
each of these six ■• courts," two '■ Judges " and one " executive officer " (alguazil). 

From further details given, it follows that these six "pueblos" were so near to the 
official house of the tribe, as to make ir. more than likely that they were the six 
Calpulli of Tezcuco, mentioned by Ixtlilxochitl (V2th " Jielacion" or " Piittura de 
Mexico," Vol. IX of Kingsborough, p. 387) as having been established by "Fastmg 
wolf" (Nezahualcoyotl), which story he repeats in the "■' Hisioire des ChichitnSques" 
(Cap. XXXVIII, pp. 263 and 2(J4). 

The description of Tezcuco by Torquemada (Lib. Ill, cap. XXVII, p. .304) : " pero no 
se ha de entender, que todaesta Caseria estaba recogida, y junta; porque aunque en sii 
niaior parte lo estaba, otra mucha estaba repartida, como en Familias, y Barrios; y de 
tal manera corria esta Poblacion, desde el corazon de ella (que era la Morada, y 
Palacios del Rei) que se iba dilatando, por tres 6 quatro Leguas," shows that the 
calpulli of that ancient pueblo were scattered over a great expanse. At the close of 
the 17th century (16S)0, about) it is stated by Vetaticurt {■' Cronica de la I'roviiicia del 
Sajito Evanyello de Mexico," pp. 159 and IGO), that, besides the •' city," there were "29 
pueblos de visita, en cinco parcialidades repartidos." All this corroborates our 
assumption : that the six " pueblos " of Torquemada were in fact but the six " barrios " 
or kins, each of which exei'cised, for itself and through its officers, criminal jurisdiction 
over its members. 

There is no need of proving the fact that the several tribes of the valley had identi- 
cal customs, and that their Institutions had reached about the same degree of develop- 
ment. It is even asserted by some {Prescott, Book I, cap. II, p. 30) that "In Tezcuco 
6* 



636 

elective and therefore liable to be deposed, one of whom repre- 
sented more properly the administrative, the other the executive 
(consequently military') authority. The first one of these was the 
"calpuUec" or "chinancallec ;"i53 ^j^g second, the "elder brother" 

the judicial arrangements were of a more refliietl character." If now, as I have shown, 
the council of the Kin exercised power over life and death among them, it certainly had 
the same power among the ancient Mexicans. Besides, the same thing is ini'eral)le from 
the nature of many of the crimes punished hy death. Conspicuous among these are 
the cases wherein tenure of lands became afl'ected. If a menibei' of the kin changed 
the limits of a '• tlalmiili," it was a crime over which the calpuUi alone had jurisdic- 
tion, and the same occuri'ed if any one member neglected to attend to the lots of 
children placed in his care. We have seen that in both instances the penalty was death. 

It is of course understood, that this power did not go be3'ond the limits of the kin 
and of such outcasts as were attached to its members. Over members of other kins it 
had no jurisdiction. The adjustment of matters between kin and kin became e.xchi- 
sively the dut}' of the tribe. 

One of the most characteristic remarks, however, on the general functions of the kin 
is that of Zurita {'• Jiapport," etc., p. 53): '-Finally, what is called in New Spain Cal- 
puUi, answers to what among the Israelites was called a tribe." 

153 Zurita y'- Rapport " p. 50) : '' The chiefs of the third classes are still called Calpul- 
lec in the singular, and in the plural Chinancallec, that is to say : chiefs of very ancient 
race or family, from the word CalpuUi or Chinancalli, which is the same, and signifies 
a quarter (barrio) inhabited by a family, known as of very ancient origin, which for a 
long time owns a territory with well defined boundaries and all the members of the 
same lineage." This statement is copied by Herrera (Dec. Ill, lilj. IV, cap. XV, 
p. 135), wiih the exception that he omits the names, substituting that of ''pariente 
mayor." In i-egard to this it is added by .Z'wHia fpp- <J0 and Gl): "The calpuUis have 
always achief necessai'il3'in the tribe. He must be one of the principal inhabitants, an 
able subject who can assist and defend them. The election is made among them. They 
are much attached to him, as the inhabitants of Biscay and of the mountains are to 
him who is called pariente mayor. The office of these chiefs is not hereditary: when- 
ever one dies they elect in his place the most respected, the ablest and wisest old man. 
If the deceased has left a son who is qualified, he is chosen, and a relative of the for- 
mer chief is always pi-eferred." Herrera (Id. p. 185). 

Although the above two authors speak but indefinitely of the "chief" of the calpuUi. 
it is likely that they mean tioo chiels, one of which is the cali>ullec, and thi; other the 
teachcauhtin. This is indicated by the name of "pariente mayor." Zurita does 
not say, according to JMr. Ternaux's translation, that this chief was thus called, but 
Herrera, who copies him, writes very distinctly: "que llamnhan parientes maiores." 
Now, according to A/bMH,« (II, p. 91), "teachcauhtin" signifies elder brother. Torque- 
mada (Lib. XIV, cap. VI, p. 544) gives to each "barrio 6 parcialidad" two officers, 
namely, a calpixqui or g.'itherer of tribute or stores, and a " regidor, un Tecuhtli, que 
se ocupaba en executar lo que mustros Uegidores executan, y hacen." But it is plainly 
evident, from the details given by the celebrated Franciscan, that he has lost sight of 
the peculiar position of officers of a kin, and looks to tribal functions and offices. Else, 
how could he assert of his " Regidor" that he was always in the ■' palace: " "ytodos 
los Dias se hallaban en el Palacio, aver lo que so Ics ordenaba, y mandaba; y ellos, 
en una grande Sala, que Uaman CalpuUi, se juntaban, y trataban de los negocios 
tocantes a su cargo." 

"X)e I'ordre de succession observe par les Indiens " ("1st Recueil" of Ternanx, p. 225) : 
"quant au mode adopte pour legler la juridiction et Selection des alcades et des legidors 
des villages; ils nonimaient des personnes notables qui portaient le titre de rtc/icrtcaw- 
litin qui est un nom de charge, comnie I'est aujourd'hui celui d'alguazil. Les tribu- 
naux de ces officiers etaient etablis dans la capitale." ..." 11 n'y avait pas d'autres 
.^lections d'offlciers." And. further on the same document says (p. 227) : "Ces achcacau- 



637 

"teachcaubtin" or " acheacaubtiii."^^'* Both were, in turn, ex- 
offlcio members of the council itself.^^^ The "calpullec" or 
" cliinancallec" was, in fact, what is still known among Indian 
communities of Mexico, Central America and New Mexico, as 
the " governor ;" or rather his office was, for the kin, what the 
office of "gobernador" now is for the whole tribeJ^^ Upon his 

litis, c'.est ainsi qii'on les nommait, remplissaient les fonctions d'alcade. Pour le 
moindre petit vol, c'est a dire pour avoir derobe seulement du niais, ils condamiiaient a 
la potence." Tlie singular feature is here asserted to exist, that tlie same officer should 
have been Judge ('"alcalde") and execnuioner of his own decrees (•' alguazil"). We 
meet also with the flagrant contradiction of " alguazils," elected for the villages, bnt 
whose courts resided '-at tlie capital." Everj'where the same lack of distinctness is 
■witnessed; the confusion between aboriginal institutions and Spanish organization is 
apparent. 

Sebasti m Ramirez de\Fuenleal (" Lettre," 3 Nov., 1.532, p. 247) gives qnite a clear pic- 
ture of the "calpulli," adding: "Ces contribuables ont un chef et des commandants"; 
(p. 249) : '-lis ont parmi eux des officiers que nous appelons principales (chefs) ; il y en a 
deux dans chaque quartier qui portent aujourd'hui le nom de paroissex." 

Finally, I refer to what has been said in the preceding note (152) about Tezcuco and 
the two officers of each so-called " pueblo." The fact that tlicre were two of them is 
thus fully established, likewise that of their election; and as for their titles, they are 
found in the quotations just referred to and copied. 

It is further confirmed through a statement of Vetancurt C'Teatro Mexicano," Vol. I, 
p. 371): "en cada parcialidad, que llamaban calpulli y ahora tlaxilacalli; habia uno 
como regidorque llamaban teuhtli : estos asistian a, palacio todos los dias a saber loque 
el nijiyordomo les ordenaba; estos entre si elegian cada aiio dos en lugar de alcaldes, 
que llamaban tlayacanque y tequitlatoque, que ejecutaban lo que por los teuhtles se les 
mandaba; y para ejecutores tenian unos alguaciles que hoy Uaman topile." 

The term " tlayacanqui" is defined by Sahagun (Lib. II, cap. XXIX, p. 142) as "cua- 
drillero." Molina (II, p. 120) has " tlayacantli," •' el que es regido, guiado, y gouernado 
de otro, o el ciego que es adies;tra<lo de alguno" (" Tlayacati," "cosa i)rimera, o delan- 
tera"). Torquemadu (Lib. XIV, cap. VI, p. 545) calls the Tlayacanque "en lugar de 
merinos." 

^'^* Molina a, p. 56). 

"^ This results iiecessarily from the duties of the officers aloue, as permanent repre- 
sentatives of the council of the kin or calpulli. 

15" The "Gobernador," as we shall hereafter see, was the successor to the "Cihuaco- 
huatl," according to the Spaniard's notion of the nature of the hitter's office. It is very 
interesting to notice that the "Cihuacohuatl" was, in the tribal government, the exact 
counterpart of the "Calpullec" in the kin. I am indebted to Sr. Don Juan Gavarrete, 
of the City of Guatemala (lu Nueva), for the following description of the office of 
" Gobernador," as it is still found among the aboriginal settlements of Guatemala. 
This gentleman, (whose name is associated with that of my friend Dr. Valentini, in a 
noble effort to preserve the historical treasures of his country), writes to me under date 
of Utli of March, 1879: " Los pueblos formados por la antiguos misjoneros 6 por los 
conqui.stadores, y que son los que subsisten liasta el dia de hoy, han sido siempre gob- 
ernados por un Gobernador vitalicio elegido entre las familias nobles de la tribu 
(cacique), y un consejo & la usanza espaiiola compuesto de dos Alcaldes, cierto numero 
de consejeros llamados Regidores entre quienes se distribuyen las comisiones de 
servici publico y un secretario. 

"La dignidad 6 cargo de Gobernador, para la cual elegian en nombre del Rey los 
antiguos Capitanes Gencrales y despues los Presidentes de la Repiiblica, es muy apete- 
cida por los indios nobles y mientras el que la egerce no da motivo por su mala con- 
ducta para ser removido puede contar con la perpetuidad y aun con dejarla S sus hijos 



638 

death "they elected, to fill his place, the most respected old man, 
the most able and most popular." It appears though that the 
choice often fell upon a son or near relative of the deceased, 
provided he evinced sufficient ability'. ^^^ 

It was the duty of this officer to preserve a plat of the territory 
dwelt upon by the kin, showing the location of each "tlalmilli," 
of the official tracts, of those of the "houses of the youth" and 
of worship ; if the latter two were not, as we suspect, perhaps 
identical. These simple records he had to renew from time 
to time, according as iButations or additions occurred. The 
stores of the kin were under his supervision, though he could 
not dispose of them at his pleasure, but only for public purposes. 
Thus, aside from the presents, which alwa3s had to go with any 
public act of importance, it was his duty to provide, out of these 
stores, for ever^^hing requisite for tlie numerous religious and other 
festivities. ^^*^ He had, under his immediate orders, the " stewards," 
"calpixqui," which attended to the details connected with the 
gathering, housing, and dispensing of all supplies. ^^^ It is prob- 

si los tiene capaces de egerceila El cargo de Gobeniador traia consigo los 

priviligos de usar Don, montar a caballo iisar bastoti y tener una numeiosa 

servidumbve, no tenian jiirisdiccion civil, pues esta competia & los Alcaldes, pero 
si la tenian en lo criminal en los delitos leves, siendo su poder principal sobre lo econ- 
ormigo y giibernativo." 

157 Zurita {•'Rapport,'" etc., pp. 60 and 61). 

^^"Zm-ita {••Happort," etc., pp. 51 to ()6). Copied in a condensed form hy Herrera 
(Dec. Ill, Lib. IV, cap. XV, p. 134). 

'^'■*Tlie term " calpi.xqui," gatherer of crops, is so indiscriminately applied that it 
becomes necessary to investigate what class of officers were reallj' meant by it. In 
general the "calpixca" were sent to subjected tribes, as representatives of their 
conqnerors. For each such officer abroad there was one in the pueblo of Mexico, to 
receive and to house the tribute whicli the former collected and sent. The calpulli or 
kins, however, needed no officer of the same kind properly, because they owed no trib- . 
ute to tlie tribe. The assertion of Toi-quenidda (Lib. XIV, cap. VI, p. o-lo) : "que el 
Maiordomo maior del Rei, se llamaba Hueycalpixqui, a diferencia de otros muchos, 
que havia, que se llamaban Meuores; porque tenia cada parcialidad el suio," applies 
in this case to the tax-collectors and stewards themselves, and not to tlie stewards of 
the kins. The confused notions about the true nature ol the office is also shown in 
the name of the official house. It is called by Torquemada alternately "tecpan," "cal- 
pul," finally also " calpixca, que era la casa del coniun del Pueblo," (Lib. XIV, cap. 1, 
p. 534). In confirmation of wliat has already been said in '-Tenure of Lands " (pp. 413-4-28), 
I here refer to Zurita (pp. 236-242), " -Oe VOrdre de succession" (p. 229), Mototi>iia 
et d'Olarte {''Lettre,'" 27 Aug., 1554, pp. 403-406). We must never forget that tribute or 
tax was only due from a conquered tribe to its conquerors. Ko reference is made any- 
where to tribute or tax gatliered inside the pueblo of JNIexico, but Tlatilulco, however, 
was obliged to pay a certain contribution {Durdn, Cap. XXXIV, p. 270). 

Nevertheless, the term '"calpixqui" is found applied very distinctly to an office of 
the kin. Durdn (Cap. XXI, p. 1S6) calls them " mandoncillos de los l)arrios." Willi 
equal propriety the calpixca are termed " governors " and " captains." It only proves 
that, while each kin had its stewards, they were under the direction of a "mandon," 



639 

able that he himself, appointed the stewards subject to approval 
by the council. ^^*^ Aside from these subalterns, the "calpullec" 
had his runners and attendants, mostly members of the house- 
hold, perhaps " bonded " people. His judicial power was limited 
to minor cases, and it is more than doubtful if he held, alone, any 
authority to decide upon matters of life and death. But it is 
stated on high authority, that it was the duty of this officer, 
" to defend the members of a calpulli, and to speak for them."^^^ 
We may be permitted to inquire, whether this, perhaps indicated, 
that the "calpullec" was also the " tlatoani " or speaker, who 
represented the kin in the tribe's supreme council. This must, 
however, be answered in the negative, for the obvious reason that 
he could not be in two places at the same time. The kin's official 
building was assigned to him as a residence, that he might be 
there on dut}' always, consequently he could not spend his time 
outside of it at the official house of the tribe. ^^"-^ Alongside of 
this officer (who corresponds almost to the "Sachem" of north- 
eastern tribes), we find the "elder brother" — " teachcauhlin," 
" achcacauhtin," or througli corruption, "tiacauh. ' He was, as 
already stated, the kin's military commander or war-captain, and 
the youth's instructor in warlike exercises ; but besides he was 
also the executor of justice — not the police magistrate, but the 
chief of police (to use a modern term of comparison) or rather 
" sheriff" of the calpulli, ^i^^ ^g military commander he could 

or superior officer. This could only be the "calpullec," since it is positivelj^ stated by 
Zurita (p. 62) : "car lors des assemblees annuelles, qui sent tres nombreuses, il distribue 
gratuitement des vivres et des boissons." This had to be done out of the stores of the 
kin. 

The term " tequitlato " is probably equivalent to " calpullec." It is derived from " ni- 
tequiti," to work or pay tribute {Molina, II, p. 105), and "ni-tlatoa," to speak fid., II, p. 
140); therefore "tributary speaker," or "speaker of tribute." But this is only used 
n the case of subjected tribes, where the "calpullec" was the one who cared for 
the tribute due by his kin, even collectin','- it. See Fray Domingo de la Anunciacion 
C'Lettre," Chalco 20 Sept., l.iol, in 2d liecueil, p. 340), " les tequitlatos ou percepteurs." 
Sahagun (Lib. VIII, cap. XXXVIII, pp. .S29-332) devotes a whole chapter to " De los 
grados por donde subian hasta hacerse Tequitlatos," without saying, however, what 
the latter means. I suspect it to be intended for "Tecuhtlatoques." 

iGO This may be inferred from the nature of the office. 

1"! Zurita {''Rapport." etc., p. «2) : " II a soin de del'endre les menibres du calpulli, de 
parler pour eu.v devant la justice et Icsgouverneurs." 

162 ^•Tenure of Lands " (p. 410 and note 52). Zurita (p. 2G6). 

^s^it has already been shown that " achcauhtli," " achcacauhtli," and "teachcauh- 
tin" or "tiacauh" are synonyms. 1 refer to ''Art of War" (p. 119 and note 91) in regard 
to the vaiious and contradictory notions about the nature of the office. Still, the pre- 
vailing idea is that, besides being the " teachers " and the " captains," they also were 
the "executioners" of the kin. "De Vordre de succession" (p. 225) : "ils nonimaient des 



640 

appoint his subalterns in the field, and as executor of justice he 
had the same privilege while at the pueblo. The " teachcauhtin," 
therefore selected his own assistants and runners. Accompanied 
by them and carr3nng his staff of office, whose tuft of white 
feathers intimated that his coming might threaten death, ^^'^ the 
"elder brother" circulated through his calpulli, preserving order 
and quietness in ever}- public place thereof. If he found or heard 
of any one committing a nuisance or crime, he could seize him 
forthwith and have him carr?ed to the official house, there to be 
disposed, of as the custom and law of the kin required. But it is 
doubtful whether, except in extraordinary instances, he was 
authorized to do justice himself without the council's knowledge 
and consent. 1^^ 

Ere we pass over now from the functions of the kin to those of 
the ancient Mexican tribe, we must however dwell at some length 
on a peculiar institution, yet shared by the Mexicans in common 
with Indian tribes in general. We refer to the rank and dignity 
of CHIEF among them. Chieftaincy and office are far from being 
equivalent. The former is a purely personal, non-hereditary dis- 
tinction, bestowed in reward of merit only, whereas the latter is 
a part of the governmental machinery. ^^^ Hence it follows that 
a chief might fill an office or not, and still remain a chief, whereas 

personnes notables qui portaient le titie de achcacaiilitin qui est iin nom de charge, 
conime I'est aujourd'lmi celiii d'alguazils." Sahnfftm (Lib. VIII, cap. XVll, p. 305) 
calls tlie Achcacauhtli "(6 verdiigos) que tenian cargo de matar a los que coiidenaba 
el seiior." Torquemada (Lib. XI, cap. XXVI, p. 3.55), " llaniabanse Achcaulitli, que quiere 
decir maiores." There is hardly any doubt as to their functions. 

"•i White was the color of death. (Bleaching skulls and bones I) This is amply 
proven by their mode of declaring, or rather announcing, war. The custom of carrying 
" staffs of office" is well established. 

1C5 Torquemada (Lib. XI, cap. XXVI, p. 355). Clivigero (Lib. VII, cap. XVI. p. 482, 
calls those " who arrested" delinquents "topilli." But this word means simply "rod 
or baton of justice, staff, etc." {Molina, II, p. 150), and not office. Tliere is no evidence 
that these officers miglit kill, witliout previous decision of the council, except perhaps 
in the great maiket place. Cortes {-'Carta Segunda,'' Vedia I, p. 3-2) : " Hay en la dicha 
plaza otras personas que andan continuo entre la genie mirando lo que se vende y 
las medidas con que niiden lo que venden, y se ha visto quebrar algiina que estaba 
falsa." Oviedo (Lib. XXXIIl, cap. X, p. 301) copies Cortes, adding, liowever, "e quie- 
bran lo que esta false, e penan al que usaba dello." Bernal Diez de Castillo (Cap. 
XCII, p. 89) simply remarks : "y otros como alguaziles ejecutores que miraban las nier- 
caderias," (Vedia, Vol. II). I hardly need any reference in regard to the manner of 
acting and mode of appearance of the "elder brothers." Their functions of "police" 
are repeatedly described in the older sources. 

i""//. //. Morgan {''Ancient Society," p. 71) : "Nearly all the Amei-ican Indian tribes 
had two grades of chiefs, who may be distinguished as sachems and common chiefs. 
Of these two primary grades all other grades were varieties. . . . The office of sachem 
was hereditary in the gens, in the sense that it was lilled as often as a vacancy occurred; 
while the office of chief was non-hereditary, because it was bestowed iu reward of per- 



641 

it was not necessary to become a chief in order to fill certain offi- 
ces. Still it is evident that, as chiefs were always men of peculiar 
ability, the higher charges were generally filled by chieftains. 

The title and rank of "grandfather" (" Tecuhtli,")i67 which 
was the Mexican term for chieftain in general, was open to an}'- 
one who strove to deserve it. It was conferred : 

1. In recompense for Avarlike prowess, and actions of personal 
intrepidity and superior shrewdness. Courage alone could not 
secure it ; therefore the "distinguished braves " were not always 
chiefs. 168 

2. In reward for actions denoting particular wisdom and sa- 
gacity, and in acknowledgement of services in the councils, or 
as traders. 169 

sonal merit, and died with the individual." I have selected the term " officer" as a sub- 
stitute for Mr. Morgan's '•sachem,'^ because the latter is a uortliern Indian word, whereas 
the former, while it expresses the nature of the cliarge and dignitj', is more widely- 
known, and therefore better understood. It is out of the union of tlie attributes, 
of both oflacer and chief, that nobility and monarchy have been claimed to exist. 
Among the Mexicans, in fact among the most highly advanced Indian tribes (Lhe Inca 
of Peru not excluded), the dignity of chief was still a personal matter, and not neces- 
sarily connected with office. The chiefs are the "knights," mentioned by Garci- 
tasao de la Vega {'■•Histoire des Yncas," Lib. VI, cap. XXIV, XXV, XXVI) and Herrera 
(Dec. V, Lib. IV, cap. VII, p. 63; Lib. IV, cap. I, p. 83). With the Mnyscas of Bogota, 
compare H. Ternaux-Compans {''L^incien Cundinamarca," § XXVII, pp. 57 and 58). 
Oviedo y Valdes (Lib. XXVI, cap. XXXI. p. 410). Herrera (Dec. VI, Lib. V, cap. VI, pp. 
Ill) and 117). Compare also, in regard to the dignity of "military chief" among the 
wild tribes of the Rio Orhioco and of its tributaries, P. Jose Gumilla " Histoire nuiu- 
relle, civile, et geographique de V Oreiwque," translated by Mr. Eidous, 1758, (Vol. II, chap- 
ter XXXV, pp. 280-292). Very important. 

^'^'' Molina (II, p. 93), " ahuelo," " tecul." It evidently should be "alnielo," and is 
therefore only a misprint. The older leports have the word "teclc," and only the later 
writers (those after the year l.o30) begin to write it "tecutli," "tecuhtli," '-teuctli." 
Whether the ''teules" meant really -'gods," or lather "tecuhtin," as plural of "tecutli," 
is yet doubtful. It is almost a truism to recall here the Roman " senex," and the 
German "grave" or "Gral." Among American tribes we have, in QQuiche, " aui a " 
old, '-ahaii," — chief; in Maya, "Hachyum," — father, and " ahau," — chief— -also 
" achi," — brave. 

^'^^ Sahagun (Lib. VIII, cap. XXXVIII, pp. 329-332): "De Los grados por dondc 
subian hasta hacerse Tequitlatos," especially (p. 331): "y a los que por si prendian 
cuatro cautivas, roandaba el rev que los cortasen los cabellos conio a, cajjitan, llamal- 
banle tal diciendo .... el capit;.n niexicatl, 6 el capitan tolnaoacatl, li otros nombres 
qne cuadraban a los capitanes. De alii adelante se podian sentar en los estrados que 
ellos usaban de petates e icpales en la sala donde se sentaban los otros capitanes y 
Valientes hombres, los cuales son primeros y principales en los asuntos, y tienen bar- 
botes largos, orejeras de cuero, y borlas en las cabezas conque estan compnestas;" 
Zurita (" Ila2}])ort," p. 47) : " Les chefs qui, comme nous I'avons dit, se nommaient Tec 
Tecutzcin, ou Teutley an pluriel, n'exer(;aient le commandement qu'a vie, parce que les 
souverains supremes ne les elevaient a. ces dignite^s qu'en recompense des exi)loits 
qu'ils avaient faits ii la guerre, et des services rendus a I'etat ou au prince";. Mendieta 
(Lib. II, cap. XXXVIII, p. 15G). Torquemnda (Lib. XI, cap. XXIX, p. 361). Clavigero 
(Lib. VII, cap. XIII, pp. 471 and 472), and others. 

169 zurita (" Rapport" p. 47). Sahagun (Lib. IX, cap. II, p, 342) : " Estos mercaderes 



642 

In both the aboA^e instances (or kinds of instances) actions of 
particular merit facilitated, at least, the acquisition of the title ; 
but it could, also, be obtained : — 

3. By the observance of rigorous and even cruel rites of " medi- 
cine " for a stated time, which put the courage, fortitude, and self- 
control of the candidate to the severest tests. ^^° Although a 
detailed account of these rites might perhaps be withheld for a 
subsequent sketch of ancient Mexican worship, yet they equally 
deserve a place here. 

The candidate appears to have been presented at the great 
central place of worship by the representatives of his kin, per- 
haps, also, by the other chiefs of his tribe. There he underwent 
four days and four nights of the most cruel torments. While 
but little nourishment was allowed him (some went even so far 
as not to eat anj^thing at all during this time), his blood was 
drawn freely, and no sleep was permitted to settle on his weary 
eyes. From time to time he was exposed to taunts, to injurious 
words, to blows and even to stripes. While he was thus hungry and 
thirsty, weakened from loss of blood through self-sacrifice, others 
ate and drank plentifully before his eyes. Finally, his clothes 
were torn from his body, and with nothing on but the breech- 
cloth or diaper, he was at last left alone at the " calmecac," there 
to do the rest of his penance. When these four initiatory days 
were past, the candidate went back to his calpulli, to spend the 
remainder of the time (about a full 3'ear), in retirement, and 
abstinence, frequently attended with more or less self-inflicted 
bodily suffering. When the kin had secured the necessary amount 
of articles to be offered up in worship, or given to the medicine-men, 
officers, chiefs, and guests attending the installation, this final so- 
lemnity was allowed to take place, provided alwaj's that the courage 
and personal strength of the novice had not forsaken him. Another 
period of fasting, sacrifice, and torture, similar to the one at the 
opening of the career of preparation, closed the probation. Some 
of the ordeals were again of the most trying nature. Finall}^ the 
store of gifts was distributed ; eating and drinking alternated with 

eran ya como cuballeros, y tenian divisas pavticulares por siis hazafias." . . . Fray 
Alonzo de Montufur {' Suppliqihe,'' etc., 30 Nov., 1554. " Treizihne relation d'Txtiilxochitl," 
Appenrlix, p. 257). " Des Ceremonies observees autrefois par les Indiens lorsqu'ils 
faisaient un Tecle," (1st " Recneil," p. 232). Mendieta (Lib. 11, cap. XXXVJII, p. l.iU). 
"0 Gomnra (" Conguista," Vedia I, p. 435). " Des Ceremonies observees," etc. (p)). 232, 
etc.). Mendieta (p. 150). Torqitemada (Lib. XI, cap. XXIX and XXX, etc.). 

Kkpout Peabody Museum, II. 41 



643 

solemn dances to the monotonous rythmic noise called Indian music. 
The candidate was, at last, once more dressed in becoming apparel, 
and could recuperate, being himself now the " feasted one." ^''^ 

Men, however yonng in years, who had successfully endured such 
great trials, certainly deserved to be looked upon thereafter as 
persons of uncommon fortitude. Hence indeed the chiefs or 
"tecuhtli" were particularly fitted for responsible offices of any 
kind. They were looked upon with deference, their voice was 
heard and listened to, and it is no wonder if higher charges, es- 
pecially those of a military nature, were filled by such as had, 
in one way or another, achieved this distinction. ^'''^ But no 
privilege was connected with their dignity, except that of wearing 
certain peculiar ornaments, and none was transmitted through 
them to their descendants. i'^^ Xhat the " tecuhtli," besides, did 

I'lFor the above description of the formalities of creating a "Tecuhtli," I refer to 
the sources quoted in the preceding three notes. It is interesting to compare similar 
ceremonies used by the Indians of the Orinoco, Gumilla {■' Histoire," etc., Vol. 11, 
cap. XXXV). Of the Yncas. Garcilasso de la Vega (Lib. VI, cap. XXIV to XXVI). 
Cristoval de Molina C^Jn account of the Fables and Rites of the Yncas." translated by 
C. K. Markham, in IIacl?luyt Society's Volume of 1873). " Narratives of the Rites and 
Laws of the Yncas." Herrera (Dec. V, lib. Ill, cap. VII, p. 63, etc.). We are forcibly 
reminded of the woi-ds of the quaint old poet and soldier, Alonzo de Erxcilla. 

"Los cargos de la Guerra, y preheminencia 
>iO son por fla(^os medios proveidos, 
iSi van por calidad, ni por herencia, 
Ni por hacienda, i ser mejor nacidos; 
ISIas la virtud del brazo, y la e.xcelencia, 
Esta hace a los hombres preferidos, 
Ef^ta ilustra, habilita, perficiona, 
Y quilata el valor de la persona." 

(" La Araucana," Parte la, Canto V. EdiUou of 1733, p. 2). 

^T^ Mendieta (Lib. II, cap. XXXIX, p. llil : "Los que tenian el ditado de Tecutli, 
tenian muclias precminencias, y entre ellas era que en los concilios y ayuntamientos sus 
votos eran principales." Gomara (" Conquista" Vedia I, p. 430). Torquemada (Lib. 
XI, cap. XXX, p. 306). It should always be remembered, that the dignity of Tecuhtli 
appears most prominent in Tlaxcallan. This people however, was but a league, 
very similar to that of the northern Iroquois, only consisting of four, instead of six 
tribes. Among them, the peculiar nature of the dignity of chief became more evident 
than it was among the Mexicans to the Spaniards. But there is no difference between 
the "Tecuhtli" of Tlaxcallan, and the "Tecuhtli" of Mexico or Tezcuco. That the 
head-chiefs of Mexico were always "Tecuhtli " themselves, previous to their election, 
needs hardly any proof. Domingo Munoz Camargo {^'Histoire de la RepubUque de 
Tlaxcallan." Translation by Mr. Ternaux-Compans, in Vol. 98 and 99 of •' Nouvelles 
Annales des Voyages," 1813. See Vol. 98, p. 176. etc.) 

"3 About the privileges of the Tecuhtli, compare Gomara (" Conquista" Vedia I. p. 
436), Mendieta (hih. II, cap. XXXIX, p. 161), To7-quemada {Lib. XI, cap. XXX, p. 366), 
Zurita (p. 48, etc.). It is evident however, that the latter confounds the rank of 
chief with the particular office which might have been entrusted to him, else the "culti- 
vation of lands" could not be included in the list of advantages derived from the posi- 
tion. Compare " Tenure of Lands," Bustamante {"■ Tezcoco," etc., p. 235). Sr. Bustamante 
frequently copies Zurita. Herrera (Dec. Ill, Lib. IV, cap. XV, p. 135). In regard to 
the non-heredity of the dignity, I refer to the above authorities, and more especially 
g** 



644 

not form as it is often stated, an order of chivalry, is anipl^' proven 
by the fact that the bond of kinship interposed a barrier between 
them and such an imaginary association and fnrthermore, becanse 
their number could not be very great. Tlie formalities required 
were so numerous and dilatory, the material for distribution in the 
shape of gifts vpas so large, that a frequent repetition of the 
occurrence lay be3'ond the power of the kin.^''^ After this neces- 
sary digression, we return once more to the Mexican calpulli. 

Besides being as already established in "Tenure of Lands," 
the unit of territorial possession, we found the Mexican kin to 
be a self-governing^ therefore democratic cluster. Every one of 
these clusters had, within itself, all the elements required for 
independent existence as an organized society. Except for as- 
sistance and protection against outsiders, it needed no associates. 
Hence it follows, that since we find twenty Mexican kins aggre- 
gated into a tribe, this tribe was a voluntary association, formed 
for mutual protection. 

Three attributes of the tribe are next to self-evident : 
■ 1. A particular territory ; 

2. A common dialect ; 

3. Common tribal worship. ^^^ 

to A.de Zurita ('• liapport," p. 49 : " Lorsqu'un de ces cliefs mourait, le prince acconlait 
sa charge si celui qui s'en ^tait rendu digne par ses service?, car les fits du delunl ii'en 
lieritaient pas s'lls n'en etaient investis." The very fact of the election, and tlie manner 
in which it was performed is also evidence. See the various documents in Ternaux- 
Compans, 2d Recueil. 

I'-'That such a festival or ceremony necessitated the accumulation of much provis- 
ion and many articles for presents and offerings, is proven by numerous authorities. 
Gomara (" Conquista " Vedia I, p. 436) : " En fin, en semejantes fiestas no habia pariente 
pobre. Daban a los seiiores tecutles y princlpales convidados plumajes, mantas, tocas, 
zapatos, bezotes, y orejeras de oro 6 plata 6 piedras de precia. Esto era mas 6 menos, 
segun la riqueza y animo del nuevo tecuitli, y conforme a las personas que se daba. 
Tambien hacia grandes ofrendas al templo y a los sacerdotes." Zurita (" Rapport sur 
les diffc'rentes classes de chefs etc.," p. 28): "Ces solemnites occasionuaient de grandes 
ddpenses, car les assistants etaient fort nombreux; c'etaient les parents, les allies et les 
domcstiques du nouveau dignitaire. L'on faisait aussi des aumones considerables aux 
pauvres." "Des Ceremonies ohservees autrefois par les Indiens lorsquHls faisaient un 
Tecle." (1st Recueil, p. 233) : '• Celui que l'on nommait Tecle, devait d'abord poss^der de 
grands biens, qn'il put donner aux pretres et aux autres nobles." (P. 237) : '"Un grand 
nombre ne ponvait pas se procure)' en si peu de temps la quantite suflisante, etc., etc." 
Mendieta (Lib. II, cap. XXXVIII, p. 1,5G) : " Y asi les costaba excesivo trabajo y gasto, 
come aqui se dini." (Id., cap. XXXIX, pp. IGO and 101.) Veytia ('• Historia Antigua" 
Lib. II, cap. IX, pp. 65 and 68): " Y era exhorbitantisimo el gasto, por cuya causa al- 
gunos, cuyas facultades y caudal no era suficifeute a reportarlos, dejaban de tomar 
este dictado." H. 11. Bancroft (Vol. II, p. 199): "As before remarked, the vast ex- 
penses entailed upon a Tecuhtli debarred from the honor many who were really worthy 
of it." 

i'°For these three attributes of tribal oiganization I refer to Morgan {''Ancient 
Society," p. 113). 



645 

All three we find very plainly among the ancient Mexicans. '"''^ 
Since the tribe was formed of kins associating together volnn- 
tarily, it must be admitted that they stood on an equal footing, 
-and had, all, an equal share in the tribal government. It was 
scarcely possible, however, from what we know of the population 
of aboriginal Mexico, that all the male members of the kins, at a 
general gathering, could form its directive power. i"~ The latter 
consisted of delegates, elected by the kins to represent them ; 
which body of delegates was the supreme authority, from whose 
decisions there should be no appeal. '^'^ 

nsi' Ancient Society," (Part II, cap. VII). 

1"' There is no evidence of a general gathering of the tribe of Mexico, subseqnent to 
the election of " Hiimming-Bird" (Huitzilihuitl) to the office of "chief of men." This 
occurrence which, according to the Codex Mendoza {Flate III), took place in 1396, is 
mentioned hy Durdn (Cap. VII, p. .'">:^) : " Y asi haciendo sn consulta y cauildo entre 
los grandes y mucha de la gente coniun." Tezozomoc (" Cronica Mexicana" edited by 
Sr. Jose M. Vigil and annotated by Sr. Orozco y Berra, Mexico, 1878, cap. IV, p. 233), 
distinctly mentions delegates: '-Casi con esto los mas principales, viejos, y sacerdotes 
de los Mexicanos, de los cnatro barrios." The '■ Codice Ramirez " (" lielacion del Origen 
delos India s que Hahitan esta Nneva-Enpana seguii sus Hisforins." " Diblioteca Mexi- 
cana," p. 39), uses the same words as Duran. Sahagun (Lib. VIII, cap. XXX, p. 318), 
gives probably the best and clearest pictnre of the most important meetings of the 
tribe,— those for election of the chiefs, and distinctly mentions only old men, officers and 
medicine-men. 

"8 Evidence in regard to the existence and to the supreme authority of this body is 
finind in many authors. In the first place we have tlie direct admission, that they 
elected the "chief of men" or so-called " King," and that the " matters of government " 
lay in their hands, in that (yet) anonymous Relation taken from the Archives of 
Simancas, translated and printed by Mr. H. Ternaux-Compans under the title: " De 
Vordre de Succession observe par les Indiens" {ler Recueil, p. 228): " Des conseilleurs 
etaient charges des affaires d'etat; c'etaient pour la plupart des gens de distinction et 
des tecuclis ou chevaliers comme nous les appelons. On choisissait tonjours des per- 
sonnes agees, ponr lesqnelles le souverain avait beaucoup de veneration et de respect, 
et qu'il honorait comme ses piSres." The supremacy of the council is positively 
affirmed, besides, in tlie following autliorities : — 

(1). In a fragmentary MSS. of the sixteenth century, found along with the " Codice 
Ramirez," and incorporatea with the latter in tlie •' Biblioteca Mexicana" (" Cronica," 
Fragmento 2, Cap. . . p. 147): " Considerando el nuevo Rey de Mexico la fuerza que 
el espariol traia, junto a consejo y hizoles representacion de aquesto, y lo que estaba 
prometido que de Ixllilxuchiil habia de salir la ruina de los Mexicanos, que se diesen 
con buenas condiciones, pues era menos mal que no morir a sus manos y a las de los 
espafioles. No quisieron por tener concepto destos que eran insufribles y cudiciosos. 
Tornoles otra vez a ti-atar aquesto, y aun otras dos, diciendoles ser entonces tiempo 
comodo : dijeron que qiierian mas morir, que hazerse esclavos de gente tan mala como 
los espafioles; y asi quedo combenido que era mejor morir; la qual determinacion 
sabida por Cortes andaba dando orden it Ixtlilxuchitl de como sitiar la ciudad." This 
shows how decisive the voice and vote of the council was, over and above the wishes 
and counsels of the so-called "King" (at that time Quauhtemotzin). even at the time of 
greatest danger, immediately before the last siege. Compare '-Art of War" (p. 100) on 
the same subject. 

(2). In same coWqcX'xou — Fragmento 1 (pp. 124 and 12.5), acknowledging the final 
decisions of the council at the time of the older" wrathy chief": "y assi en este tiempo 



646 

It is therefore a tribal council, called in the Mexican language 
"place of speech" (" Tlatocan"), which constituted the highest 
power among the ancient Mexicans. ^^^ In all probability it con- 
sisted of as many members as there were kins in the tribe, i^*' 

comenzd a erliflcar el temi)Io a su dios Unitzilopochtli a imitacion de Salomon, por CQii- 
sejo de Tlacaellel y de todos sus grandes." Idem (p. 117) : "y luego Ilamo a Tlacaellel 
y a sus consejeros, y dizicndoles lo que pasaba, de comun aoiierdo se determino que se 
hiziesse guerra a los de Tepeaca." 

(3). The proper words of the last " wratliy chief" (Montezuma II), as reported by 
Tezozomoc (" Cronica Mexicana," Vol. IX of Kingsborough, Cap. XCVII, p. 172) are: 
'• liijos y hermanos, seals niuy bien venidos, descansad, que aunque es verdad yo soj' rey 
y senor, yo solo no puede valeros, sino con toilos los |)rincipales Mexicanos del sacro 
senado Mexioano descansad." This reply was given by the reputed "despot" to the 
delegates from Huexotzinco, who came to negotiate for peace and alliance against 
the Tlaxcallaiis. In connection witli this we meet witli the remarkable passage 
already quoted, which, wliile proving the fact that tlie Mexican tribe could not, alone, 
even treat, for itself, with a liostile tribe, establishes incidentally, also, the supremacy 
of the Mexican council over its heiid-cliief: " Habiendo venido ante Moctezuma todo el 
senado Mexicano, y consultado sobre ello, dijo Zilmacoatl resoluto: Seiior, como sera 
esto, si no lo saben vuestros consegeros de guerra los reyes de Aculhuaoan 'Jsezahual- 
pilli, y el de Tecpanecas Tlalteoatzin ? hagase entero cabildo y acuerdo : fue acordado 
asi." 

(4). Dieffo Durdn (Cap. XI, p. 103): "A estos quatro seiiores y ditados, despues de 
eletos principes los hacian del consejo real como presidentes y oydores del consejo 
supremo, sin parecer de los quales nenguna cosa se auia de hacer." (Cap. XII, p. 108) : 
"El rey tomo parecer con los grandes de lo que auia de hacer. Tlacaelel, priucipe de 
los exercitos, y los quatro del supremo consejo." (Cap. XIV, pp. 117 and 118) desci-ibes 
.1 called meeting of "los'mas principales de toda la ciudad de Mexico" with the two 
chiefs. (Call. XVI, p. 13'i): "Tlacaellel respondio. que le parecia cosa muy acertada y 
justa, y todos los del consejo determinaron de que se hiciese." (P. 133) : " Monteguma 
aprobo el consejo y dixo : perdonad me, seiiores, que yo.aunque soy rey no acertare en 
todo : para eso tengo vuestro favor, para que me auiseis de lo que a la autoridad desta 
ciudad y nuestra conviniere." I further refer to Cap. XVIII (p. loB), and otlier places. 

(5). Acosta (Lib. VII, cap. 11, p. 477) : " De donde se puede entender, que entre estos 
el Rey no tenia absoluto mando e imperio, y que mas gonernaua a niodo de Consul, o 
Dux, que de Key, aunque despues con el poder crecio tambieu el mando do los Reyes, 
hasta ser puro tyrannico, como se vera eu los ultinios Reyes." Tliis latter assertion has 
already been refuted in a previous note. (Lib. VI, cap. XXV. p. 441): '-Todos estos 
quatro eran del supremo Consejo, sin cuyo parecer el Rey no hazia, ni podia liazer cosa 
de importancia." 

(6). Herrera (Dec. III. lib. II, cap. XIX. p. 70): '-Estos quatro Ditados, eran del 
Consejo supremo, sin cuyio parcer no podia liacer el Rei cosa de importancia." 

(7). Indirect evidenc^e of the siipi-eme power of the council is found in the descrip- 
tions of the mode of consultation about war or peace, as given by MencUeta (Lib. II, 
cap. XXVI. p. 129), TorqiLcniada (Lib. XIV, cap. II, p. 537). The latter even mentions 
old women along with tlie men, as participating in the debate on peace or war, and 
describes tliis debate as truly "Indian." 

"9 Molina (II, p. 140) : " tlatocan,^' " corte 6 palacio de grandes seiiores." (Id., I, p. 29) : 
" consejo real," " tlatocanecentlalilizlli." Torquemoda (Lib. XIV, cap. VI, p. 54.')) : " si 
no era en la corte, a la qunl Ilanian Tlatocan, que es lugar de Juzgado, 6 Audieucia." 

180 We liave already noticed that there were twenty "liarrios" (Ivins) in the tribe. 
Now we lire told by Bernal Diez de Castillo {''■Hist, verdadera." etc., Vedia II, cap. XCV, 
p. 95) : "y siempre a la contiua estaban en su compania veinte grandes seiiores y conse- 
jeros y capitancs, y se liizo a estar preso siu niostrar pasion en ello." (Cap. XCVII, p. 99) : 
"Yalie dicho otra vez eu el capitulo que de ello habla, de la nianera que eutraban a 



647 

each calpulli sending a "speaker" ("Tlatoani") to represent it. 
Sueli positions could only be filled by men of acknowledged ability 
and reputation, who had acquired the distinction of chiefs^ and 
hence their other title — "speaking chiefs" ('' Tecuthatoca,") 
which was everywhere recognized, in aboriginal Mexico, as the 
highest office and charge. ^^^ 

negociar y el acato que le tenian, y como siempre e'itiiban en sn eompaiiia en aquel 
tienipo para despachar negocios veinte hombres ancianos, que eran jueces; y porque 
esla ya leferido, no lo torno a referir " Furthermore, it is positively asserted by Tor- 
quemada (Lib. XIV, cap. VI, p. 544) : " En lugar de Regidoves, ponian en cada Barrio, 6 
Parcialidad, un Teculitli, que se ocupaba en executar lo que nuestros Hegidores execu- 
tan, y hacen, y todos los Dias te hallaban en el Palacio, a ver lo que se les ordenaba, y 
mandaba." Consequently each calpulli or kin held one representative constantly at 
tlie official house of the tribe, and as tliere were twenty kins, we necessarily have liere 
the twenty chiefs or -'Judges," mentioned by Bernal Diez. The above statement of 
Torquemada is repeated (or copied ?) by Vetancurt (••Teatro." Vol. I, p. 371). 

Z>?t?-«?i (Cap. XXVI, p. 215) mentions : "los grandes seiiores, que eran hasta doce." 
Txflilxiichitl (•' Histoire (ha ChichimSques," Cap. XXXIV, j). 23(3) says •'there were four- 
teen great lords in the kingdom of Mexico." Tezozomoc (Cap. XXXVI, p. 57, Kingsb., 
Vol. IX) enumerates first twelve, then three more. This is the more singular ;ifter the 
detailed list giving tivc^i^/t-'liiefs, which list I have already referred to in a previous note, 

That the members of the tribal council were elected each one by his caljiulli or kin. 
follows from the statements of Zurita {'■'Rapport," etc., p. 60) : '' Les calpullis ont tou- 
jours un chef pris necessairement dans la tribu. . . . L'election se fait entre eux. . . . 
J>a charge de ces chefs n'e»t pas hiiieditaire. . ." (P. (il) : ''Ce chef est charge du soin 

des terres du calpulli et d'en defendie la possession " (P. 62) : " II a soin de dii- 

fendre les membres du calpulli, de parlcr pour eux devant la justice et les gouver- 
neurs." Coii-'equently this officer represented the kin towaids the other kins of the 
same tribe, and this could only be done in the tribal council, as one ol its inembeis. 
How this election took place, the same authority tells us (p. 61), also that the office was 
for life, and that as capacity was the first condition, incapacity or unfaithfulness neces- 
sai'ily brought about removal. 

181 Molina (II, p. 14) : " Tlatoani," '' hablador, 6 gran senor." The plural is '• Tlatoca." 
Pimentel {••Cuadro," p. 174). Tliere is ample evidence of the high offices which bore 
this title. Compare Torquemada, (Lib. IV, cap. XVI, p. (;2t;) : "los Tlatoques (que son 
los Senores, y Poderosos.)" .... Tezozomoc uses the term " Zemauahuac-tlatoani." 
Zvrita (p. 43): "Les souverains se nommaient et se nomment encore Tlatoques, mot 
qui vient du verbe tlatoa, qui vent dire parlor." Bernal Diez de Castillo (Cap. 
XXXVIII, p. 32, Vedia, II). ''Real Ejecutoria '' (Col. de Doc, Vol. II, p. 12 and note 36). 
In this document the word is used in the plural: "y diciendo que ya habian estado alii 
los Tlatoanis Teacames." It would be useless to quote further authorities. I shall 
only state that, according to Sr. D. Juan Gavarrete, the term, as applied to "piincipa- 
les " or '' old men," is still used among the Indians of Guatemala : "Los ancianos que 
a, su edad agregau servicios publicos se llanian en algunos pueblos Tatoques; pero 
esta denominacion casi ha desaparecido." {Letter to theicriter 14 March, 1879.) 

The term " tecutlatoca" decomposes into "tecutli" and "tlatoca." It is found in 
Molina {\l, p. 93), as "in Tecuthitoa," "tener andiencia, o entender en su oficio el presi- 
dente, oydor, alcalde, etc., etc." "Tecutlatoliztli." "jiidicatura, o el acto de exercitar su 
oficio el Juez." Torquemada (Lib. XI, cap. XXVI, p. 355); "y a los Jueces, Tecuhtla- 
toque, Seiiores, que goviernan el bieu publico, y lo habian." I have already noticed 
that the "Tequitlato" mentioned by Sahagun (Lib. VIII, cap. XXXVJII, p. 329) might be 
a misprint or misspelling for "tecutlatoca." The same author says (Id., Cap. XX\^ p. 
314): "Estos talcs eran los mayores jueces, que ellos llamaban tecutlatoque." Molina 
(I, p. 108): "senador," "tecutlatoca." 



648 

The place where this council tissembled, was necessarily the 

_ official house of the tribe or "tecpan,"'^^ and there they met at 

stated intervals, possibly twice exery Mexican month of twenty 

days. 1^3 ynch meetings were fully attended, and they could be 

called, besides, at au}^ time.^'^'^ There is evidence that, during 

Bustmnante (" Tezcoco," p. 191): "Hiiljia tTinhieii abogados y pronuradores; a los 
pvinieros lUimaban Tcpantlatoani (el que habla por otro)." 

i'*^ Molina (II, p. 93) : "casa o palacio i-oal, 6 de algun sefior de saliia." But of special 
impovtaiioe is the Ibllowiug deflnition (I, p. 91): "Palacio real" — " tecpan, tlatocan. 
toiecuacan." This shows that the tecpan was really the place where the council met." 
Saliagun (Lib. VllI, cap. XIV, pp. 302 and 303. Cap. XXV, p. 314). Memlieta (Lib. 11, 
cap. XXVm, p. 131). IxtlilxiuhiU {" Histoire des Chii-himiques,'" Cap. -XXXVI, pp. 
247-i5jJ). Veytia (III, cap. VII, p. 19!)). Torquemada ('• Monarquia," Lib. XIV, cap. VI, 
p. 514), ideutilyinf^ "la Corte" with the "lugar de Jiizgado, 6 Audiencia." Furtlier 
quotations aie u?eless. 

1*3 i^his f;n;t is ini|)lied by Ixili/xochitl ('^ Hist, des ChichimSquas,'" cap. XXXVIIl, 
pp. 207, 258 and 2!i9), wiien he alUi ins Ih it, in notifying a hostile tribR of the intention 
to make war upon It, the notification was reiieated thrice, at intervals of twent}' days. 
Veijtia ('■ Hisforia antigua de. Meyico," Lib. III. cap. VII. p. 209), says that every twelve 
days " cada doce dias," the coui'ts met to report to the "emperor." This is rather 
strange since (Id., p. 2(12, etc.i, lie says that these courts sat daily in what he calls tlie 
"palace." Torq^iemada {L.\h. XI, c}ip. XXVI, p. 3.o.i) : " De diez a diez Dias, y a mas 
tardar, de doce a doce, liacia junta el Rei de todos los jueces, asi de las Audiencias del 
Reino, como de los de sus Consejos." In this case he spealis of Tezcuco. Mendieta 
(Lib. II, cap. XX VllI, p. 135): '• Y asi, a lo mas largo, los pleitos arduos, se concluian 
a la consulta de los ochenta dias, que llamaban nappoaltlatolli, demas que cada diez 6 
doce dias el senor con todos los jusces tenian acuerdo sobre los casos arduos y de mas 
calidad." Zui-ita {"■ llapiwrt, etc.," p. 101): "Tons les douze jours il y avait une 
assemblee generale des juges inesidie par le prince. On y jugcait les affaires difflciles, 
celles de crimes qualilies, et Ton examinait minutieu.'-ement tons les details." C/avi- 
gero (Lib. VII, cap. XVI, p. 482), is ve.iy positive: "Each Mexican month, or within 
twenty days, a meeting of all the judges was held in presence of the King, to decide 
upon all cases nut yet disi)oseil of." He evidently bases the statement ui)on Gumara 
C' Conquista," elc, Vetiia I. p. 442). "Consultan con los seiiores cada mes una vez 
todos los negocios," according to Sr. Urozco y JJerra (" OJeada sobre Cronologia 
MexicaiKi," Introduction to the " Cionica Wexicana," published under the supervision 
of Seiior Jose M. Vigil, pp. 174 and 175). Gomara rest^ principally upon an unpublithed 
series of documents, entitled " Lth7-o de Oro," now in possession ol my friend, Sr. 
Icazbalceta, which collection was formed by the Franciscans under tlie auspices of 
the unjustly abused Fray Juan de Zumarraga, between 1531 and 1547. The statement 
of Clavigcro is, therefore, not to be rejected. The " Codice Raiidrez" (p. 05) says: "los 
qiiales daban noticia al Hey cada cierto tiempo de todo lo que en t-u Keyno pasaba y 
se liabia lieclio " It is, therefore, to say the least, likely, that the full council met 
once a month, but, as we have f-taled in order to be just towards all, it is equally 
possible that ilniay have met twice. The reference to "Judges" needs no explnnation. 
It is self-evident that for judiciary matters, alone, such meetings of executive offirers 
were superfluous. Matters of government came up also, — and this is decisive of the 
kind of otlicers that were members of the tribal council, since they alone could till such 
positions'. These meetings were, tlierelbre, full meetings of the council, and nothing 
else. 

'8* This is abundantly i)roven by wliat has at last been recognized by Sr. Oroeco y 
Berra as well as by my friend, Sr. Cliarero (■' OJeada," etc.) as specilicallj' IMexican 
sources of aboriginal liistovy. See for int-t. : " Codice Ii<nmre&" (i)p. 52, 02, Oli, 07, 80). 
^^ Fragmento JS'o. I" (pp. 124, 127. 133, etc.). " Fragmento No. 2" (pp. 137, 147, etc.). 



649 

the critical period of Cortes' first stay at Tennclititlan, tlie twenty 
" speal^:ers " lield daily meetings at tlie official house. ^^^ 

In a society based upon Uin we cannot expect a clear divi- 
sion of the powers of government, particularly as there were 
no written laws,^*^*^ and custom alone ruled. The functions of 
the ancient Mexican council were not properly legislative, but 
they were rather directive a.\K\ judicial combined. One of its first 
duties was, however, to maintain harmony among the kins. 

The twent}'^ independent social units composing the Mexican 
tribe, while bound together by the necessity of mutual aid to secure 
territorial independence, coidd not be expected always to live in 
peace with one another. Difficulties would necessaril}^ arise between 
kin and kin, and to prevent such disputes from leading to actual 
warfare, 1^''' the council as a body of official arbitrators was needed. 

According to the rules of kinship, the calpulli was not only 
bound to avenge any wrongs sutfered by one of its members, but 
it was also responsible for the offences committed by the kinfolk 
towards any outsider.^^s Hence theft committed outside of the 

Durdn (cap. X, p. S3, XI, pp. 107, 108, 109. XIV, pp. 117, 123, XVI, p. 132, XVIII, p. 156), 
etc., etc. We forbear I'urther quotations, since they Avoiild be too numerous. All go to 
prove tliat the council was frequently called together between the t-mes of regular 
meeting. Quotations from Tezozomoc {•' Cronica Mexicana'") ure u.-eles.-^, i-ince they 
are very nunieious and agree with those of Dnran in the main. The fact of irregular 
meetings of the council having been called duiing the conquest, is further proven by 
Saharjun (Lib. XII, cap. Ill, p. 7), and Torquemada (Lib. IV, cap. XIV, p. 38.)). 

ibo liernul Dicz de Castillo (" Historia verdmlera,^' Vedia, Vol. JI, cap. XC V, p. 95) : " y 
siempre a la contina estaban en su compafiia vemte grande seuores y consejeros y 
capitanes." (Cap. XCVII, p. 99): " Ya he dicho otia vez en el capitnlo que de ello 
habla, de la manera que entraban a uegociar y el aoato que el tenian, y como siempre 
estaban en su compauia en aquel tierapo para despachar negocios veinte honibres 
ancianos, que eran juece«." 

i""! A number of paintings are mentioned as representing the customs and manners 
of the natives. Specimens of these are found in Codex Mendoza, Lam., 58 to 72 inclusive. 
But none of these contained, or could contain or express, anything like a laiu. Compare, 
on Mexican paintings in general and their value, " On the Soti7-ces for ahoriginal 
hiatory of Spanish America," in Vol. 27 of " Proceedings of the American Association for 
the Advancement of Science." Seiior Orozco y Berra (" Codice Mendoziiio,- Ensayo de 
descifracion geroglifica," beginning in Ko. 3, of Vol. I, "-Anules dtl Mvseo Nacionnl de 
.Mexico") has commenced a publication which can be expected to shed nUich light on 
such picturedeaves, and the true position which they held among the ancient Mexicans. 

181 Conflicts between the inhabitai ts of different "barrios" during i'estive turnouts 
and religious gatherings could not always be prevented. 

188 Morgan {'■'Ancient Society" pp. 76 and 77). Davila- Padilla ('• Historia de la Fun- 
dacion y Discurso de la Provincia de Santiago de Mexico," Lib. I, cap. XXVI, p. 83). 
The custom is general among other tribes and Mr. Moi'gan has adverted to it among 
the Maya of Yucatan and the Peruvians. It would be unnecessary display to produce 
further evidence: the remarkably clear statements of Mr. Morgan fully "cover the 
case." 



650 

calpulli, and especiall}'^ the slaying, wilful or accidental, of mem- 
bers of one kin by those of another, became the cause of a claim 
by the offended calpulli upon that of the offender. 1*^9 This 
claim was submitted to the tribal council b}' the "speaker" of 
the complainant kinship. He produced his evidence, sometimes 
even in the shape of paintings, not so mucli to prove the facts 
as to sustain his claim. From the opposite side, the "speaker" 
defended the interests of his clan, and he also supported his 
pleadings with whatever testimonj' he might command. ^^^ The 
remaining "tlatoca" listened attentively to both parties, and 
when the argument was concluded, tney deliberated among 

im;/. H. Bancroft [•'Native lidcea," Vol. II, pp. W8 and 4o9) was the first, to my 
knowledge, to call attention (in note 59) to the difference of opinion among authors, in 
regird to the punishment of murderers. He refers to the unpublished parts of the work 
of Fray Diego Durdn. We find in the Codice llaniirez (" Trntnrlo de Ion Ritos y Cere- 
monins y Dieses que en su Oentilidad usaban los Indios desta Nueva Espana," Cap. I, 
p. 10!): " Kl niat:ir uno a oti-o era muy prohibido, y aunque iv> se pasraba con mnerte, 
hazian al homicida esclavo perpetuo de la inujer 6 parientes del muerto, paiva que les 
sirviesse y supliesse la f.dta del muerto, ganando el sustento de los hijos que dejaba." 
This is very interesting since it shows the autonomy of the kins. Tlie murderer stood, 
towards tlie calpulli of tlie slain, in the same relation as, among noithern Indians, a 
prisoner of war did towards tlie hostile tril)e. Both could be adopted, and this condoned 
the deed. Theoffending kin lost onemember ; the offended kin obtained one in returnfor 
the one that had been killed. However, this was oidy in exceptional cases : the rule, as 
established by the majority of authors was that life alone could atone for life. In the 
same mannei-, and under the same head, the contradictory reports must be placed, 
about the punishment of theft, which have already been noticed. There are conse- 
quently, for each crime or l<ind of crime, two classes; one, of such as were committed 
within tlie kin, and the other, of such as were committed witliout. 

100 Sahagun (Lib. VIII, cap. XV, p. 304) : " Otra sala del palacio se llamaba teccali, 
6 teccalco. En este Ingar residian los senadores y los ancianos para oir pleitos y 
peticiones, que les dl'recian la gente popular, y los jueces procuraban de hacer su oflcio 
oon mucha i)rudencia y sagacidad, y presto los despachaban; porque primeramente 
demandaban la pintura en que estaban escritas 6 pintadas las causas. como hacienda, 
casas, 6 maizides; y despues cuando ya se queria acabar el pleito, buscaban los sena- 
dores los testigos." I quote this passage, altliongh it applies particularly to the jn<llcial 
functions of the council, because the mode of proceedings is therein illustrated. 
Veytia (Lib. Ill, cap. VII, p. 207), speaking of Tezcuco, is very positive: '-Habia 
tambien aljoga os y procuradores; a los primeros Uaniaban tepantlatoani, que quiere 

decir el que liahla par otro " I need not recall here that "tlatoani" (plural 

"tlatoca") was the title of the members of the council, and that consequently these 
''attorneys" belonged thereto. The same statement (derived from Veytia also) is 
found in Bustamante (" Tezcoco," Parte II, cap. VII, p. 191). These two works contain 
(ill the chapters indicated) the most detailed information as to tlie proceedings. Still, 
there is evident confusion in tlie minds of tliese authors in general: they fail to dis- 
criminate between arbitration and tribal jurisdiction. The bulk of the other authorities 
commit the same mistake. Compare Zitrita (•• Rapport," pp. 10-J-lO.i), whom Mendicta 
(Lib. 11, c;ip. XXVIII, p. 138) has ahnost verbally copied. Torquemada (Lib, XI, cap. 
XXVI, pp. 351 and 365). 

The absolute lack of division of powers which characterizes so well ancient Mexi- 
can society is well established by Veytia (III, cap. VII, p. 206), speaking of what he 



651 

themselves until tliey finall}^ agreed upon an award. ^^^ The 
same thing occurred when two calpnlli claimed possession or 
enjo.yment of the same piece of land.i^^ No appeal was possible 
to any higher authority ; but every eighty days an extraordinary 
gathering took place at the "tecpan," consisting of the council 
and the executive chieftains, the war-captains of the four great 
quarters, tlie "elder brothers" of the kins, and the leading medi- 
cine-men, and any cause pending before tlie " tlatocan " might be 
deferred until tlie next of these general meetings ; and even in 
case a decision had been rendered, a reconsideration thereof, on 
that occasion, was sometimes agreed upon.'^-^ 

t " 

cnlls "supremo consejo;" " Ti-alab;iii^e'.e'ii este consejo todo genero de negocios de 
estado, ju.sticia, giierra, hacienda etc., etc." 

101 This picture is mainly based upon Vei/tia ('' Historia aiitigua," III, cap. VII), and 
Bustamente (•• Tescoco," pp. 191 and 19-2). The statement in ihe hitter is only worthy of 
credit because copied from the former. 

i»2 reijtia (Lib. Ill, cap. VII, p. 207). Chvigero (Lib. VII, cap. XVI, y. 48:5).- For a 
copy of the paintings reproduced, see A. de Humboldt ('• Vues des Cordilla-es," etc., 
Vol. I, plate V. Ed. 8vo). 

"3 1 affirm this in the face of all the authorities on the subject, who, without excep- 
tion, assert tliat there was an appeal to the "king." The Codex Mendosa (plate LXX, 
"Declaracion de la flgurad.>") is even very i)ositive: " Y si era negocio ile calidad del 
consejo, havia apelacion por via de agravio ante Monteguma, en donde habia conclu- 
sion de la causa." !My opinion is based on what precedes about the authority of tlie 
council, on what I expect to prove in i-elation to the true nature of the duties of the 
head-chiefs and which will hereafter follow, and on the contradictions among tlie 
authors themselves. Thus the '' Codice liamirez" (p. •'58) places the supreme power 
into the hands ot the councils. " sin parescer de los quales niiiguna cosa se habia de 
hacer," and (pp. (il and 65) it does not mention any power of appeal whatever. Zurita 
(pp. 100 and 101) : ■' Les appels etaicnt portes devant douze autres juges snperieurs qui 
pronon5aient d'apres I'avis du souverain." It is queer to notice, how the writers of 
the tezcucan school, appear eager to place tlie power of tiiial decree or the decision of 
final appeal in a "high tribunal," or rather simjily a supreme council of their tribe. 
Torquemada (Lib II, cap. XXXXI, p. 146) mentions a supreme council, "a los quules 
avian de venir todas las cosas graves, y criminales, para que ellos, con el Rei, las 
determinasen." (Lib. XI, cap- XXVI, p. 354): "Para estos dos Jueues Supremos se 
apelaban las causas graves, los quales las admilian, pero no deteiminaban, ni senten- 
ciaban, sin parecer. y acuerdo ile el Rei." Veyiia (Lib. Ill, cap. VII, p. 199) speaks of 
the establishment of " tribunals " by "Fasting wolf" (•• Nezahualcoyotl " — properly 
"fatting coyote"), and adds: '-pero concediondo a las partes el recurso de apelacion 
para el gran tribunal de justicia que erigio en su corte de Tczcuoo." This so-called 
tribunal was, as we have shown at the close of note 190, the " Council of the tribe." 
Mendietn (Lib. II, cap. XXVIII, p. 1:^5) almost copies Zurita. Sah-tgnn {•^Historia 
general," etc.. Lib. VIII, cap. XXV, p. 314): " y los casos muy diticnltuosos y graves, 
llevabanlos al senor para que los sentenciase, juntamente con trece priiicipules muy 
calilicados, que con el and.iban, y residian." "Estos tales eran los mayores jueces, 
que ellos llamaban tecutlatoque. ..." In this ca-se the learned father speaks of 
tribal jurisdiction and not of arbitration. Still it is iilaiii that he admits the council's 
decrees as final. The chief, " seiior," appears only as member of this council, a position 
of which we shall hereafter speak. Without making any further quotations from 
similar authorities, I beg to revert to those which place, hy the side of the so-called 
"King" an independent "supreme Judge" — the " Cihuacohuatl," whose tribunal 
7=. 



652 

Aside from these arbitrative functions, other duties occupied the 
council's- time at its full meetings. If any calpulli felt wronged 
in the distribution of the incoming; tribute, it might through its 
delegate or " speaker, "^^'^ complain about the tribal officers an- 
swerable for it to the "•tlatocan." The investiture of chiefs and 
officers of the kins belonged to the higliest authority of the tribe 

is positively mentioned as the final court of appeals. That this " Cihuacohuatl " 
ocoupied a high position, was already noticed by Cortes (•' Carta tercera,''^ Vedia I, 
p. 89), and subsequently, when he became still more prominent, by TezozoTiioc. But 
Torquemadahas been to my knowledge, the first one to establish his position as indepen- 
dent supreme Judge. It is not devoid of interest to notice what he writes about this 
offlce. {" Moil ar cilia Indiana," Lib.' XI, cap. XXV, p. 352): '■ Despues del Rei, havia 
un Presidente, y Juez inaioi-, cuio nombre, por ragon de el ofloio, era Cihuacohuatl . . 
.... L)e este Piesidente no se apelaba para el Rei, ni pai-a otio .Inez alguno, ni podia 
tener Teniente, ni substitute, sino quo por su nii^nia persona havia de determinar, y 
decidir todos los negocios de su jusgado, y audiencia." He further adds; ''lo qual no 
corria en este dicho .Inez Cihuacohuatl; porque de su nltima determinacion no habia 
recurso a otro." Fray Aaguslin de ['etuncurt (" Ttatro Mexicano," Vol. I, Parte 2a, 
Trat. 2°, cap. I, p. 309): "Despues del Iley . . . habia iin viiey que llamaban Cihuaco- 
huatl, que el rey proveia y era su segunda persona en el gobierno, de cuya sentencia 
no habia apelacion a otro. Tan absoiuta era la autoridad que le daba, que reservaudo 
el rey en si la aiitoridad real, era en la judicatura igual." These statements distinctly 
hint at the existence of an appellate judicial body, of whicli this Cihuacohuatl was 
foreman, and over which the so-called "King" had no control. Clavigero (Lib. VII, 
cap. XVI, p. 481) even states that while there was no appeal from the Cihuacohuatl 
whatever, there was one of these officers "at the court and the principal cities of the 
kingiiom.'' These views in regard to the " Cihuacohuatl" have been plainly accejjted 
by W. H. Prescott (" Conquest of Mexico," Vol. I, p. 29) : " There was no appeal from 
his sentence to any other tribunal, not even to the king," and //. H. Bancroft {^'■Native 
Races," Vol. II, cap. XIV, pp. 43-t and 435). 

The confusion is apparent, for we liave here three difl'erent views of the same case. 
One is that the " liead-chiel " was the highest appellate authority, the other that the 
head-chief, iviUi, the council, formed the court of last resort, and the third that a 
"supreme Judge" was appointed by tlie so-called '-King" to render final decisions. 
Kow we have already seen that the supreme authority was the council or " tlatocan," 
consequently what is commonly called the "king" could not be the last resort in 
judiciary matters, still less could he appoint an officer for that purpose. Our proposi- 
tion appears, therefore, sustained, that there was no appeal from the decisions of the 
conned to any superior authority whatever. 

But, finally, itwas possible to reconsider, so to say, the cases decided by tlie council, 
and for such tlie so-called '• NauhpohuultlatvUi" or •' eiffhty duys-tuW was instituted. 
Authorities are almost unanimous on this point, although it is commonly ascribed to 
Tezcuco alone, and I refrain from quoting tliem in detail, referring but to Bancroft 
(" Kutive Races." Vol. II, p. 439, etc.). 

i''*This becomes evident from the relative positions of l^in and tribe. As we shall 
hereafter see, the ofllcers gathering and those receivnig the tribute were tiibal officers, 
consequently subjct to the council. It was to the council, therefore, that any complaint 
had to be brought against them, and tliis could be done only through the " speaker" of 
a particular kin. That the tribute was distributed partly among the "calpulli" is 
indicated by Durdn (Cap. IX, p. 79) : " Tambien dieron a sus barrios para el culto de 
sus dioscs, a cada barrio una suerte, etc.," and Tezozomoc (" Cronica Mexicann," Cap. 
X, p. 18): "y aunque venian a darlo li Ytzcoail, era para todos los Me.xicanos en 
comun." 



653 

also. '9^ This "right to invest officers and chiefs of the l^ins" is 
commonl}- distorted into a right to appoint or at least to confirm 
an appointment or election, ^^^ whereas it was merely an act of 
conrtes^' ultimatelj^ converted into an established custom. But 
paramount in importance was the preservation of independence 
towards the outside world, and hence all relations with other 
tribes, and all final decisions concerning alliances, declarations, 
of war and treaties of j^eace were, as we have elsewhere stated, 
in the hands of the council. '9" No raid or foray could be started 
unless by its direction ; and delegates from foreign or hostile 
tribes, though not always admitted into the presence of the 
'"tlatocan," always liad to wait until that body agreed upon and 
formulated an answer. ^^^ 

MS porquemada (Lib. XI, cap. XXIX, p. 3()1) : . . "elegian Dia de biien signo: en el 
qiial llamabaii a todos los sefiores, y piiiicipales de la Republica, y a toilos los Pavien- 
tes, y Aniigos: los quales aconipanaban al manoebo, etc., etc." (Cap. XXX, p,p. 364, 
3t)0). This author copies from Mendieta (Lib. II, cap. XXXVIII and XXXIX, pp. 156 to 
161) who partly gathers from ZuritQ.[^' Rcqjport,'" pp. 2.5 to 29). Gomara ('• Conqicista." 
etc., Vedia I, p. i:i5) : '■ Los senoj-es, los amigos y.'parientes que convidados estaban, lo 

subiau por las gradas al altar El dia que habia de salir venian todos los 

que priniero le honrarou, y luego por la mafiana le lavaban y limpiaban muy bien, y le 
tornaban al templo de Camaxtle con muclia niiisica, danzas y regocijo. Subianle a 
cerca del altar, etc., etc. . . ." Although these quotations apply mostly to Tlaxcala, 
the dignity of "Teculitli" was common among all the sedentary tribes, and the customs 
of investiture were also about identical. Compare, '• Ves Ceremonies observees autrefois 
2}ar les Indiens lorsqu' iU faisaieat iin tecle " (" Pieces relatives a la coiiquete dii Mexique," 
Teruaux-Compans, pp. 233 and 234. 

'■^^Zurita {''Rapport," etc., p. 47) : '' parceque les souverains supremes ne les elevaient 
a ces dignites qu'eu re(;ompense des exploits qu'ils avaient faits a la guerre," etc. 
Besides, there are numerous evidences that the older authors all believed the ofScers 
to be nominated by the highest tribal authority. The distinction was never made as 
between officers of the kins and officers of tlie tribe. I have formerly discussed the 
point. 

^'^'' '■' Art of War" {x). 129). In addition to the authorities there quoted, and those 
alluded to in note 178 of the present essay, I beg to refer witli great pleasure to a paper 
written by a learned Peruvian, Sr. Jose Fernandez Xodal {•' Le'gislation civile comparee 
des Mexicains sous les emper ears Aztecs et d^s Peruvien^ a Pepoque des Incas"). This 
memoir was presented at the "Congres international des Americanistes," at Luxem- 
bourg in 1877, but only a short summary of it was published in the '■'Compte Rendu" 
(Vol. I, pp. 23.5-237). Sr. Nodal states that among the Mexicans' monarchy (?) was 
elective and controlled by a Council, '-Controlee par un conseil supreme." It is to be 
sincerely regretted that this interesting paper was thus neglected. 

IPS Evidences in regard to this latter detail are numerous. Compare Tezozomoc 
(•' Cronica" Ivingsborough, Vol. IX, cap. XCVII, p. 172). Burdn (Cap. XV, p. 127): 
•' El ley Monteguma le respondio con rof tro muy alegre y amoroso, que se lo agradecia 
el amoi- que les tenian y quel era muy contento de conservar la paz y de tener con ellos 
perpetua amistad; pero para questas treguas estuviesen con mas seguridad y vinculo, 
quel lo queria communicar con sus grandes seiiores y principales y quel le daria su 
respuesta. El rey de Tezcuco fue aposentado a descansar en un aposento de la casa 
real, con mucha onra, y luego el rey mando venir a todos los de su cousejo y a los 
demas seiiores y principales, y estando presentes, luego los propuso la platica 



654 

Such were, in a general way, the higher functions of the Mexi- 
can council, and they appear, if we are permitted to characterize 
them to be only arbitrative and directive. Yet the members of 
that council had other duties of a purel}^ judicial nature. 

No conflict occurred between its jurisdiction and that of the 
kins. It was neither superior nor inferior to it, but wholl^^ 
independent, even without an}^ connection with it. Hence it 
extended : 

1. Over the unattached class, the hangers-on to the tribe, or 
outcasts from the bond of kinship. ^^^ 

2. Over all the people composing the tribe, irrespective of kin- 
ship, at places specially placed under tribal care, or reserved 
for tribal business, and therefore neutral ground for the members 
of all the calpnlli. These neutral localities were the official 
buildings, the central or tribal "house of god," and especially 
the great "tianqniz" or market places. 

The outcasts were, happil}^ for the preservation of tribal so- 
ciety, not very numerous. Still, from their very origin, they were 
the most disorderly part of the people and crimes were certainl}' 
more common among tliem than among those upon whose passions 
the tie of kinship and the obligations resulting therefrom acted like 
a wholesome check. It required a judiciary power constantly on 
hand to repress and punish the misdemeanors committed among 
this class. 

The "tecpan," the great central "teocalli" and the square on 
which it stood, and the market, were regular meeting-places of 

siguiente, etc " (Cap. LX, p. 473): "Montezuma, apiaclandose dellos, los 

niando aposentar, y llamando su consejo, propusoles la demanda que traian." 
Codice Ramirez (p. (il): "El Rey Itzcolmatl mostro gran contento con la embajada res- 
pondiendo con muy gratas palabi'as; mando aposentar a los mensajei-os, y honrarlos, 
y tratar como a su propia persona, diziendoles que desoansasseii, que el dia siguiente 
lea daria la respiiesta." See also Torquemada (Lib. XIV, cap I, p. 535) : "Acabada la 
Embaxada, si el Embaxador no era de niui gran Principe, no se le lespondia cosa, 
hasta otro Dia; salian con el algunos, aoompariandole a la Calpixca, adoude se pvoveia 
de lo necesario, y en el entretanto el Senor coniunicaba con los de su Consejo lo que 
se havia de responder, lo qual hacia uno de ellos, y no el." But the most complete 
picture of such delegations and the manner in Avliich they were received is found in 
Fetancurf {"Teutro Mexicano," Parte 11°, Trat. Ila, cap. II. pp. 378 and 379). It is too 
long to be copied. I merely allude to the words : "Acabada la embajada, le volvian a 
la posada mientras se jnntaban para la respuesta." It has been adopted by Claviyero 
(Lib. VII, cap. XI, pp. 470 and 471). 

w'-The unattached class was under protection of no kin; therefore, if such a 
"bonded man" made his escape to tlie Tec])an, he became liberated from his bond. 
Already mentioned by Gomara C'Conquista," Vedia, I, p. 442), and subsequently cou- 
flrmed by others. 



655 

people from nil the calpiilli, but over which no single kin could 
exercise any control.-^'' This control had been delegated to the 

-'"' In regard to the " tecpan," the simple term "casa de comiinidad," used particu- 
larly bj' Torquemnda (Lib. VI, cap. XXIV, p. 48. and again Lib. XIII, cap. XXX, p. 477) : 
la ''Tecpan, que es el palacio." e.xplnins much. It is. besides, self-evident that the 
tribal places of business and of worship were under the control of no particular kin, 
being expressly reserved for the tribe. There is, howevei', no definite expression as 
yet, in fact it hardly amounts to a clear conception, of the number and position or 
location of the original '-tianquiz" of Tenuchtitlan. Tliere are four eye-witnesses of 
the conquest reporting upon the markets: Cortes, Andres de Tapia, the anonymous 
conqueror, and Bevnal-Diez de Castillo. I quote these in succession. Cortes 
{"Carta SeguHda,"Y ecWa, I, p. 32): "Tiene esta ciudad muchas plazas, donde hay 
continuos mercados y trato de comprar y vender. Tiene otra plaza tan grande como 
dns vezes la ciudad de Salamanca, toda cercada de portales al rededor, donde hay coti- 
dimanieute arriba de sesentn-mil animas comprando y vendiendo, . . ." •'■Carta Ter- 
cer:i,'" (p. 74) : " liasta otra puente que esta junto a la plaza de los principales aposenta- 
niientos de la ciudad.'' Note 2 of the Archbishop Lorenzana: -'Antes de Uegar a la 
plaza de la Universidad hay mnohas puentes, y naturalmente habla aqui desta plaza o 
mercado. que era muy grande." Id., (p. 78) : " E porque este trabajo era incompartaljle, 
acordo de pasar el real al cabo de la calzada que va a dar al mercado de Temixtitan, 
que es una plaza harto mayor que la de Salamanca, y toda cercada de port.ales a la re- 
donda; " (Id., p. 79) : •' seguimos nuestro ciimino, y entramos en la ciudad, a la cual Uega- 
dos, yo repai'ti la gente desta manera: liabia tres callcs deiide lo que teniamos ganado, 
que iban a dar al mercado. al cual los indios llamau Tianguizco, y a todo aquel sitio 
donde esta llanian de Tlaltelulco ; y la una destas calles era la principal, que iba a dicho 
mercado, . . Las otras dns calles van dende la calle de Tacuba a dar al mercado." Id. 
(p. 81), after the repulse of the Spaniards: •' todoslos espaiioles vivos ymiiertos que toma- 
ron los llevaron al Tlatelulco, que es el mercado." Id. (p. 85) : '' E aquel dia acabamos de 
ganar toda la calle de Tacuba y de adobar los malos pasos della, en tal manera que los 
del real de Fedro de Albarado se podian conimunicar con nosotros por la ciudad, e por 
la calle principal, que iba al mercado, se gaiiaion otras dos puentes y se cego bien el 
agua, ..." Id., " y seguimos la calle grande, que iba a dar al mercado;" (p. 81)) : "Otro 
dia siguiente, estando aderezaudo pai-a volver a entrar en la ciudad, a los nueve horas 
del dia vimos de nuestro I'eal salir humo de dos torres muy altas qne estaban en el 
Tatelulco 6 mercado de la ciudad." Andres de Tapia {'•lielacion," etc., in Col. de Dog., 
II, p. 582) : mentions only the " patio de los idolos." '-El Conquistador anonimo" (Col. 
de Doc, I. p. 3!)2) : " Sono nella cilta di Temestitan Messico grandissime et bellissime 
jiiazze, dove si vendono tulte le cose che usana fra loro, et specialmente la piazza mag- 
giore che essi chiamano el Tatelnla, che puo esser cosi grande coino sarebbe tre volte 
la piazza di Salamanca, et seno all'intorno di essa tutti portici; . ." (p. 394) : " Et oltra 
q'uesta gran piazza ve no sono deH'aUre et mercati in che si vendono cose da mangiare 
in diverse parti della citta." liernal Diez de Castillo {"Historia verdadera," ye,(\u\.H, 
cap. XCII, p. 89) : "y cuando Uegamos a la gran plaza, que se dice el Tatelulco, como no 
habiamos visto tal cosa, quedamos admirados de la nnillitud de gente y mercaderias 
queen ella liabia, . ." He also states that the " gran plaza" was -'cercado de portales." 
(Cap. CLII, p. 183) : " que si nos jiai'ecia que fnestmos cntrando de golpe en la ciudad 
hasta entrar j' Uegar al Tlatelulco, que es la plaza mayor Mejico. que es muy anclia, 
. . ." (Cap. CLV, p. 193): " que les entrasemos todo cuanto pudiesemos hasta llegalles 
al Tlatelulco, que es la plaza mayor, adonde estaban sus altos cues y adoratorios." 
We notice at once a contradiction. Corles lirst mentions a market of Tenuchtitlan, 
and alterward he calls it of Tlatelulco. Archbisho]) Lorenzana identifies it with the 
"plaza de la Universidad," or in tlie neighborhood of the Cathedral. See Cervdntes- 
Salazar {•^ Tres Dialogos" p. 9): -'en la esquina de las calle.- del Arzobispado y 
Seminario." 

There were two great market-places in ancient Mexico, one of which was in Tenuch- 
tillan, and the other in the conquered neighboring pueblo of Tlatelulco. This is very 



656 

" tlatocan" as a consequence of the formation of the tribe. Crimes 
committed at such localities were punished with unusual severity, 
because they were offences desecrating neutral ground which was 

plainly stated by Torquemada (Lib. XIV, cap. XIII. p. .55.5), and it would even appear 
as if, notwithstanding tlie importance attached to Tlatelulco by many aiithors, that the 
principal market was the one mentioned by this antlior as " el que esta en la Poblacion 
de San Juan . . . ," and consequently tlie proper '"tianquiz" of the Mexican tribe. 
This could only be neutral ground, over wliich no single kin exercised any autliority. 
It may have been diflerent in regard to the "tianquiz" of Tlatelulco; at least the 
following indications of Durdn (Cap. XXXIV, p. 370) deserve full attention: " Fecho 
esto mando el rey que aquella plaga y mercado que ellos ganaron, pues los tlatelnlcas 
no teniun mas tierra, que fuese repartido entre los seiiores y que la parte que a cada 
uno cupiese, que de todos los tlatelnlcas que allt hiciesen asiento, de todo lo que 
vendiesen les diesen alcauala, de cinco uno, y asi se repartio la plaga entre todos, de 
donde cada uno oabraua alcauala de lo que en el lugar que le auia oauido se vendia." 
The above is not quite definite enough, because the "plaza y mercado" of which the 
friar speaks, is evidently the one mentioned by him Cp. 260): "y encerrandoles en la 
pla9a de su mei'cado, liaciendose los tlatelulcas fuertes, no dexauan entrar a la plaga 
nenguno de los Blexicanos en elia," whereas he says (p. 270) : " que alii hiciesen 
asiento," as if the place was built over. Tlie fact that the "tianquiz" of Tlatelulco 
was "distributed among the Mexicans" is further asserted by Tezozomoc (" Cronica 
Mexicana," Cap. XLVI, yi. 75, Kingsboroiigli, Vol. 9): "Axayaca mando tamliien se 
hiciese repartimiento del tianquiz de Tlatilolco a los Mexicanos, y coraenzaron a medir 
primera suerte Axayaca, luego fiZihuacoatl Tlacaeleltzin, luego par su orden Tlacoch- 
calcatl, y a todos los capitanes, que fue tenido el tianquiz en mas de si ganaran cien 
pueblos " It would tlierefore appear, if we interpret this " distribution" as it should 
be done, namely: as a division of spoils among the kins, tliat the latter claimed a share 
of tribute from the traiflc or barter going on in the "tianquiz" of Tlatelulco, a fact 
corroborated besides by that other statement of Durdn (p. 209) : "El rey le mando, 
que pues auian sido traidores a su corona real, que de alii adelante queria y era su 
voluntad que aquella paroialidad Mexicana del tlatelulco le fuesen tributaries y 
pecheros como las demas ciudades y provaicias, . . ." Tliis, and the uncertainty as to 
wiiich tianquiz is always meant, favors the assumption that Gomara (" Conqui^ta," 
p. 349, Vedia I) mentions Tlatelulco when he says: "Los que venden pagan algo del 
asiento al Rey, 6 por alcabala 6 porque los guarden de ladrones." Cortes (" Carta 
Seffunda," pp. 32, 33 and 3i) does not mention it, for tlie words : " donde estan personas 
por guardas y que reciben certum quid de cada cosa que entra" do not apply to tlie 
market which he describes as having visited and which, in spite oi Bernal-Diez (" Hist. 
Verdadera," Cap. XCII, p. 89) I still believe to have been that of Tenuchtitlan, ami not 
that of Tlatelulco. Cortes is strictly followed by Oviedo (Lib. XXXIII, cap. X, pp. 
300 Jind ;301) whereas Herrera (Dec. II, lib. VII, cap. XVI, p. 19.5) copies Gomara. 

I have dwelt thus long on this question because it disposes of the notion that the 
" government " of Mexico levied a tax on the tratlic of the members of tlie tribe. Thi.s 
tax limits itself to a tribute paid by the subjected tribe of Tlatelulco alone, because, 
as Durdn says (p. 270) " they had no more soil than that of tlieir tianquiz." This tax 
was distributed among the kins, like any other tribute. But it does not follow that 
therefore the kins exercised judicial power over the Tlatelulcan market. This power 
either remained with the Tlatelulcan tribe, or devolved upon the officers of the tribe of 
Tenuchtitlan. The former is more likely, althongh the latter might also have been the 
case since the Tlatelulcans were treated with great severil}-, as traitors and outcasts 
(Durdii, Cap. XXXlV, pp. 2(i9-271), in which case the tribal authorities would liave had 
to punish thein. 

That the central or tribal " teocalli " and the courts surrounding it were committed 
to the care of the tribe, as representing all the kins, on equal terms, in the share which 
each had in it, is self-evident, and needs no further proof. 



657 

then respected as open to nse for all the kins in common. -"^^ 
So many people met there (lail3'-, that the daily exercise, at least 
the presence, of judicial authority was absolutely necessary .202 

-<" Las Casns (" Historia apologetica," Cap. 214, in note XLV of Lord Kingsborough, 
Vol. VIII, p. 124) : " pevo cuando veiiian en los niercados, como a escandalosos y alboro- 
tadores del pueblo eran muy gravemente castigados." Saliagun (Lib. VIII, cap. 
XXXVI, p. 325) says even of tliose who disposed of stolen articles: "the Judges and 
chiefs took tliem and sentenced tliem to death." Torqueiii'^da (Lib. XII, cap. V, p. .381) : 
'•El que hurtaba en la Placao JMercado, que Uanian Tianquizco, luego alll era inuerto a 
palos, por tener por muy grave culpa, que en semejante lugar, y tan publico, huviese 
tanto atrevimiento." Clavigero [Lib. VFI, cap. X\MI, i>- 484): " He who changed the 
measures established by the government, in open market, was executed on the spot," 
and (p. 487): " He wlio stnle in the market, was at once beaten to death." AFendieta 
(Lib. II, cap. XXFX, p. 138) : •' Porque tenian por grave el pecado cometido en la plaza 
6 niercado." 

-°2\V"e have again here the eye-witnesses. Cortes (''Carta Segundit." Vedia, I, p. 32) : 
" Hay en esta gran idaza una muj' buena casa como de audiencia, donde estan sienipre 
sentados diez 6 doce personas, que son jueces y libran todos los ciisos y cosas que en 
el dicho niercado acaecen, y mandan castigar los delinquentes. Hay en la dicha plaza 
otras i)ersonas que andan continuo entre la gente mirando lo que se vende y las medi- 
das con que miden lo que venden, y se ha visto quebrar alguna que estaba falsa." 
Bernal Diez de Castillo (Cap. XCII, p. 89): Vedia, II, ''y tenian alii sus casas, donde 
juzgaban trcs jueces y otros como alguaciles ejecntores que miraban las niercaderias." 
These two statements, with more or less variation, are at the base of all that has 
been subsequently said on this subject, except by Sahagun (Lib. VIII, cap. XXXVI, 
p. 323): ''El sefior tambten cuidaba del tianguiz y de todas las cosas que en el se 
vendian por amor de la gente popular, y de toda la gente forastera que alii venia, 
para que nadie los hiciese fraude, ni sin razon en el comercio de la feria. Por esta 
causa pouian por orden todas las cosas, que se vendian cada una en su lugar, y elogian 
por la misma oflciales que so Uaniaban tianquizpantlayacaque, los cuales tenian cargo 
del mercado, y todas las cosas que alii se vendian de cada genero de mantenimientos 
6 mercaderias; tenia uno de estos cargo jiara poner los precios de las cosas que se ven- 
dian y para que no huvrise fraude entre los compradores y vendedores." "Tianquiz- 
pantlayacaque" decomposes into '"Tianquizpan," ''feriar, o tratar en mercado," Molina 
(II, p. II'J), and "Tlayacatia," "cosa primera o delantera" (Id., p. 120); consequently, 
'' the foremost or first ones of those who traile in open market." We have to discrimi- 
nate thei'efore between these and such officers as "sat" ('"estan siempre sentados," 
says Cortes) within that " very good house " in the market, or ratlier close by, and acted 
as Judges. Herrera (Dec. II. Lib. VII, cap. XVI, p. 105) says this house was •' cerca 
del jNIereado" — a statement which he afterwai'ds changes to "en la plaza de Mexico" 
(Dec. Ill, Lib. IV, cap. XVII, p. 137). We are now informed by Torqu"muda (L.\h .XW , 
cap. XIII, p. 5.55) that the tecpan of Tlatelulco "que son las Casas de Cabildo, y Au- 
diencia" was, at his time, on one of the sides ("aceia") of the market of Tlatelulco, 
and it appears to have been customary for the natives to have the otlicial building 
facing the " tianquiz." Such was the case at Tezcuco if we are to believe Ixtlilxochitl 
(" Hist, des CJdchimeques," Cap. XXXVI, p. 247) : " Le palais avait deux cours, dont la 
premiere, qui etait la plus grande, servait de place publique et de marche ; ellc est meme 
encore aujourd'hui destinee ji cet usage;" and if the market of Tenuchtitlan really 
was where Archbishop Lorenzana places it (see note 200), then it is evident that the 
Mexican tecpan must have been very near it, if not actually facing the square. The 
'• great house" mentioned by the eye-witnesses quoted, was thei-efo)-e, in all probability, 
but the council or otlicial-house of the tribe, and the old men who, in number from 
thi-ee to twelve, are said to have officiated as ''Judges," were members of the 
" tlatocan " or supreme council on judicial duty, as we shall hereafter see. Those 
officers M'ho circulated among the people maintaining peace and older, were executive 



658 

It therefore demanded tlie daily attendance at the official house 
of the ti'ibe of a body of men sitting as "judges." The decisions 
of these judges had to be fiual even in matters of life and death. 
Therefore the chiefs composing the highest authorit}'' of the tribe, 
the members of the council or "tlatoca," were also its supreme 
judges. It is stated that for this daily work the tweuty '•'• speakers" 
were sulidivided into two bodies sitting simultaneously in two dif- 
ferent halls of the " tecpau." One of these bodies is called " court 
of the nobles" because it attended, not merely to tribal cases, but 
especially to the preparatory' business of government in general, 
whereas the otlier limited its decrees to judicial questions onl3'.2'^3 

officers delegated for that special purpose, and, as we shall find, iii-obably under orders 
of the military commanders of the tribe. 

203 This division of the council into two bodies for the purpose of greater dispatch 
of judicial work is particularly affirmed by Sahagun (Lib VllI, cap. XIV, p. 303, Cap. 
XV, p. 304, and Cap. XXV, pp. 313 and 314), "who, however, contradicts himself in regard 
to the position and rank of his " Judges." Thus (p. 303; he calls his officers of the 
"sala de la judicatura," '"el rey, los senores, consules, oidores, prmcipales nobles" 
as distinguislied from those of the " audienoia de la causas civiles," whom he designates 
as "los senadores y los ancianos," thus intimating, if not asserting, that the former 
were superior to tlie latter in rank and power. The hall wherein the former met, is 
called " tlacxitlan," the latter '-teccalli." I sh dl return to these terms again. He 
further asserts (p. 3Ii), speaking of the former: " Estos tales erau los mayores jueces, 
que ellos llamaban tecutlatoques," and establishes them as a court of appeal for tlie 
lower court. Now (Cap. XXX, p. 318) he says: -'juntabanse los senadores que llamaban 
tecutlatoques . . ." Consequently, he t:icitly admits that the "senadores" who, ac- 
cording to liim, composed the '■ lower" court were also the equals of those of the higher, 
and all belonged to the same class of officers. Finally, liis picture of the duties of both 
bodies is rather obscure. He even (p. 314) might be construed so as toestaolish three 
courts. If we now ex:imine tlie names given by him, we find that of the '' lower" to be 
" hou.-'e of chiefs," from '•tecululi" and "'calli." house. Indeed, Moliaii (H, p. 92) 
has "teccalli," " casa, o audiencia real." " Tlacxiilan," however, signifies (II, p. 
120) " en lo baxo, o al pie de los arboles, o de cosa seniejante." The proper derivation, 
however, is I'roni "ni tlaoxitoca" "to correct writings, or count over what has been 
already counted" (p. 120), which would indeed correspond to a "court of appeals." 
"To appeal" is " nitlacuepa; " "appeal." " tlacuepaliztli ; occeccan neteihuiliztli," 
Molina (I, p. 12). It stands properly for the act of demuri'ing, or of returning, folding, 
doubling up. and it is not likely to liave been used by the natives to define an a|)peal 
in our sense of the word. Faiher Sahagun has probably introdured the word "tlacx- 
itlan" liimself. At all events, he is responsible for the notion of ;i superior body of 
judges, to whom a lower court, sitting in the same house, referred all cases of imi>or- 
tance, contenting itself with taking testhiionj' and despatching unim|30rtant cases; 
while at the same time lie tells us that the members of both groups held the same office, 
and were consequently equal and had the same title. This title we luive l"ound to be 
that of the members of the councul, consequently the two groups formed but fractions 
of that body, co-ordinated and assisting each other, and not a higher and a lower 
branch of a tribal judiciary. 

Faiher Saliagun and contemporary authors of tlie.Franciscan scliool, whose writings 
have just now come to liglit in the " lAbrodc Oro,'" can easily be traced as the source of 
most of the later pictures of Mexican judicial customs as in the present instance. Thus 
his liighest tribunal of thirteen " senadores " reappears in Gomara (" Conquista," p. 442, 

KicpoiiT Pkabouy Museum, II. 42 



659 

We thus have found in the " tlatociin " or council, the high 
directive an thoi'it}' of the tribe, the arbitrator between its organic 
component parts, and the chief judicial power within the tribe. 
It is easy to recognize in it a counterpart to the council of the kin. 

Lilve tlie kin also which, subordinate to its councils decrees had 
two superior officers for the execution thereof, the tribe had tioo 
chief executive functionaries. 

Even at a comparatively remote period in the history of the 
ancient Mexicans we may discern two offices, not formally created, 
but naturally growing from what was left of tribal organization, 
which mark the beginning of a chief tribal executive. One of 
these is the " wise old man" conducting the "talk ;""2''^ the other 
is the " big warrior " who led the braves to battle. ^^^ The 
former subsequently became " foreman " in the council, the latter 
" war-chief" to the tribe. There are indications to the eflfect that, 
for a while, both offices were held b\^ one person. From the time 
the confederacy' had been formed, however, we recognize two chief 
executive agents, ^^^ one of which is called the "Snake-woman" 

VecUrt I); " ]^os Jueces eran doce . . ." with a higher court of two ; therefore, in all 
fourteen, e{[ual to the thirteen of Sahagun with the " Senor " added. Zurita (" Rapport" 
etc., pp. 100 and IO.t) : " Les douze juges d'appel . . ." Mendiefa (Lib. IT, cap. XXVIII, 
p^l?)n) copies Zurita almost literally. By the side of this early Franciscan group 
or writers, there is tlie picture drawn by the two great Franciscans, Torquemada and 
Vetancurt. representing a supreme Judge, " Ciliuacohuatl," and four tribunals beneath 
him in authoi-ity. Tliis picture is evidently based on such paintings as the '' Codex 
Mendoza" (i)lates LXIX and LXX). In my opinion the thirteen Judges of Saliaguu 
should be connected wi.th the judicial oflQces mentioned by Cortes as sitting at the 
"tecpau " (SCO note 202), rather than regarded as constituting a court of appeals. 

Finally, I refer to Ixtlilxochitl (" Hist, des CIdchimques." Cap. XXXVI and XXXVII), 
Veijtia (Lib. Ill, cap. VII, pp. 109 and 20ii) and others, in regard to Tezcuco. While 
they distinctly prove the subdivision, for judicial work, of the supreme council into 
two sections, they also show in a very marked manner, the conlusion and contradiction 
arising from a misconception of the real case. 

204 Perhaps tlie eai'liest menlion of such a " wise old man,'' foremost in the " talk," 
among the Mexicans ])roi)er, is that of tlie tale of the craft}' old men, Huitziton and 
Tecpatzin, who are said to have persuaded the Mexicans to emigrate from Aztlan, as 
related by Torquemadd, who is often copied (Lib. II, cap I, p. 78). In early times they 
are also called Captains and leaders, and must not be confounded with the " medicine- 
men" (fd., p. 78). Subsequently these latter sometimes apjiear as leading speakers. 
Much information can be gathered on this point hy carefully and critically reading 
Vi'ytia (Lib. II, cap. XII, XIII, XV and XVIII), Codice Bannrez (pp. 25 to 38), Durdn 
(Cap. IV, V and VI), Tezozomoc{Ci\\).\, II and III) 

"'^^ Torquemada (Lib. II, cap. II. pp. 80 ami 81). Vetancurt C' Teatro Mexicano," 
Parte II«, Trat. I, cap. IX, pp. 200, 2()1 and 202). They merely show that the office 
of " big warrior," existed. 

2°'' This apportionment of the duties of chief-executive among two heads is found in 
manj- tribes of Mexico and Central America. Thus in Tlaxcallan, Maxiscatzin and 
Xicotencatl, the two head-chiefs, M'ere alike and equal in power. {Cortes, " Carta 
Segunda" (pji. 18, 40). Bernal Diez de Castillo (Cap. LXVII, p. TO) : ''los dos mas prin- 



660 

(" Cihua-cohiiatl,") and the other (erroneously termed "King"), 
the "chief of men" (" TLaca-tecuhtli "). 

Tlie " CiHUA-cOHUATL " was elected by the council for life, or 

cipales caciques." ^•Anonymous Conqueror" (p. 388): '• anchora che in cevto modo si 
liabbia rispctto a iino che e'el ma.ttsior Signoie, die tiene teneva un Capitano gen- 
erals per la guerra.'' Motolima, '^ Hist de, los Indios," etc. (Trat. III. cap. XVI, pp. 229 
and 230). Omefto (Lib. XXXIII, cap. III. p- 272) copies Cortes. Gomara (p. 332). Torque- 
mada (Lib. XI, cap. XXII, p. 347) says four, of wliic.h Maxiscalzin was captain ; though 
this is contradicted by the conquerors, Xicotencatl being war-chief. Herrera (Dec. II, 
lib. VI, cap.X, p. 15-2) reports the speech of Xicotencatl : " que bien debia de saber, que 
era Xicotencatl Capitan General de la Republica de Tlaxcala," and esiseeially his in- 
teresting tale of the Tlaxcaltecan council in Cap. Ill, pp. 139 and 140. Tezozomoo 
(Caj). LXXXVI, p. 150) : " el rey Xicotencatl," (Cap. LXXXVII, p. 152) : " el rey Maxiscat- 
zin." About Chalco, compare " Tenure of Lands" (p. 397, note 16), also about Xochi- 
milco and the Tecpanecas. In regard to the Matlatzinca, Zurita (■' Rapport, ' etc., p. 
389) says tliere were three chiefs, wlio occupied the higiiest power in succession. This 
statement is copied by Herrera (Dec. Ill, lib IV, cap XVIII, p. 139). Tlie Totonacas 
had two chiefs. Durdn (Cap. XXI, p. 181. Cap. XXIV, p. 20(5). The "Cazonzi" of 
Michuacan is represented by Herrera (Dec. Ill, lib. Ill, cap. V, p. 86, VI, p. 87) as 
being assisted by "his captain-general," and the anon3'mous document copied by 
Don Florencio Jundr from the Codex C-IV-5 of tlie Escurial Library and published, 
without date, though evidently written between l.i34 ami 1551, entitled " Relacion de 
las ceremonias y ritos, pohlacion y gohierno de los indios de la ])rovincia de Mechuacan, 
hecho. ol IlVvio Sr. D. Antonio de Mendoza, Virey y Gobernador de Kueva Eapaiia " 
says ("Pi'imera Parte," p. 13) : " pues habia un rey y tenia su gobernador, y un capitan 
general en las guerras, y componiase como el mismo cazonci." This is very sig- 
nificant, especially because it is represented as being instituted by divine will. 
"Dicho sea en la primera parte, hablando de la historia del dios Curicabeiis, como I46 
dioses del cielo le dijeron como habia de ser rey, y que habia de conquistar toda la 
tierra, y que habia de haber uno que estuvicse en su lugar, que entendiese en mandar 
traer lena para los ques." The evidence is positive about the QQuiche of Gualemala> 
and furtliermore very interesting. Zurita (" i?«/jpo?'i5," etc., pp. 405 and 406) mentions 
three cliiefs, in a manner exacth' similar to those of Matlatzinco, and Herrera (Dec. 
III. lib. IV, cap. XVIir, p. 140) followi him implicitly. Torqueinada (Lib. XI, cap. 
XVIII, pp. 338 and 339) is of the same opinion, although it is easy to see that in fact there 
were iiwo head-chiefs and not tliree, since he says: "Era el primero de todos el Key 
actual; es a saber, el Abuelo: luego el Rey electo para despues de sus Dias; tras el, 
el que tenia nombre de Electo, etc." Consequently there were always two with the 
principal title. Pedro de Alvarado {"Relacion a Hernando Cortes" Utlatlan, 11 of 
April, 1.524, Vedia I, p. 458) speaks of " cuatro seiiores de la ciudad de Vilatan." An- 
other eye-witness of the conquest of Guatemala, Bernal Dies de Castillo (Cap. CLXIV, 
p. 220) speaks of " dos capitanes sefiores de Utatlan." We have fortunately, in regard 
to the tril)os of QQuiche language, a very positive source of great value. This is tlie 
'^ Popol-Vuh" {p.'d'iQ). Enumerating the "Nim-Ha Chi Cavikib," it specifies from tlie 
fourth generation on (" U. call, le"), always ttvo chiefs, stating positively: " Oxib- 
Quieh, Beleheb-Tzi, ii cablahu-le ahauab. Are-cut que ahauaric ta x-ul Donadiu. x-e 
hitzaxic rumal Caxtilan vinak"( p. 338). Consequently Alvarado executed two chiefs. 
Besides (p. 340), it even mentions their last successors, with Spanish names. At the 
close three "great-elected ones" (" Nim-Chocoh ") are mentioned, but only two are 
named, the one from *' Niliaili " and the other from " Ahau-QQiiiclie." We find here the 
exact counterpart of the Rlexicans, before their fijiht witli Tlatelulco, — two duels of 
Mexico, and two chiefs of Tlatelulco, Moquihuix and Tcconal. See the authors on that 
subject. In regard to the Maya of Yucatan, see Lizana (" Devocionario de Kuestra 
SeTiora de Itzmal" § IV), also Vitlagutierre y Sotomayor ('' Historia de la Conqidsta y 
lieducciones de los Itzaex y Lacandones," Lib. VIII, cap. XVI, p. 514) 



661 

diu'ing good behavior. ~°'' VYe find in the Codex Mendoza — the 
earliest date connected witli the office — the symbol of "snake- 
woman"' affixed to the head of "Handful of Reeds," who was 
inangurated "chief of men" in 1375. '^''^ The inference may be 
permitted, therefore, that at one time both offices were held by 
one and the same incumbent. At all events, the " Cihuacohuatl" 
becomes prominent only after the formation of the tri-partite con- 
federacy embracing the Nahuatl tribes of Mexico, Tezcuco, and 
Tlacopan.'^'^^ But the position which he occupies thereafter is a 

-"7 Most of the older finthors assert that the "Cihuacohuatl" -was appointed by tlie 
"King." How was it possible for an officer to appoint his own equal, or associate 
officer? Torquemada (Lib. XT, cap. XXV, p. 3.V2), says: " Despuos del Rei, havia ua 
Presideiite, y juez mayor, cuio nombre, por ragon de el oflcio, era Cihuacohuatl : esto 
oflcio se proveia por el mismo Rei ; " and again lie concedes to the Cihuacohuatl •' porque 

de su ultima determinacion no liavia recurso a otro aqui parece lo mismo 

que reservando el Rei Mexicano para si, la autoridad Real, le hace su igual en la judi- 
catura.; y aiiade, que parte de sus Detei'minaciones, y Sentencias, no tengan recurso al 
Rei, que es condicion, y calidad, que engrandece mas la Persona de el Ciliuacohuall." 
Now, either the Mexicans were under a constitutional monarchy of tlic most improved 
kind,— of which there is no evidence since there was not even a division of powers,— or 
else the Ciliuacohuatl was not appointed, but elected in true democratic fashion Vetan- 
curt (Parte 11, Trat. JI, cap. I, p. 3G'J) is still plainer; " Tan absoluta era la autoridad 
que le daba. que reservando el rey en si la autoridad real, era en la judicatura igual." 
Sucli an officer could only be appointed (if he was appointed and not elected), by the 
highe-st authority of the tribe, which was the council. Such is the version of Tezozomoc 
('• Cronica" Cap. LXXIX, p. 137): "y acabado de celebrar su entierro y quemazon de 
su cuerpo, que lo sintio mucho el rey Ahuitzotl. pM.siero7i en su lugar su liijo Tlilpotonqui, 
Zihuacohuatl por sobrenombre." Codice Ramirez (p. 67) : "' Antes que fuesse coronado 
recien electo adolescio el famoso y sabio capitan Tlacaellel, de la qual enfermedad 
murio; en el articulo de su muerte llamo al Rey electo y le encargo mucho a sus hijos, 
especialmente al mayor, que daba muestras de ser muy valeroso, y habia hecho grandes 
hazaiias en las gaeri-as. Kl nuevo Rey por consolarle despues de haberle hablado muy 
tieriiainente con muchas lagrimas, hizo llamar a los de su consejo real y rodeados 
todos del lecho de Tlacaellel niando llamar el Rey al hijo mayor de Tlacaellel. y alii en 
presencia de su padre y de su consejo, le dio el mismo oflcio de su padre, de capitan 
general y segundo de su corte con todas las preeminencias que sn padre tenia." Even 
if there had been such an officer as a " King of Mexico " he could not have " appointed " 
anybody before his coronation. The ceremony indicated was therefore an election by 
the council. This is i'ully confirmed by Durdn (Cap. XLVIII, p. 381): "llamando al 
hijo mayor, con parecer de todos los grandes, lo puso en la misma dinidad que el padre 
aula tenido, que era ser segundo despues del Rey en la corte, y mando fuese hourado 
con la mesma veneracion que su padre aula sido jurandoles todos por principe de 
Mexico, al qual le fiie puesto el nombre de Ciuacoatl." 

2"8.' Codex iMendozn" (Tab. II). and the explanation says: "Las dos flguras con sus 
titulos e nombres de Acaniapichtli son una misma cosa reservida en substancia. por 
que la primera figura demuestra el principio subcesion del dicho seiiorio . ." In note 
(p. 8, Vol. VI) of "Antiquities of Mexico," Lord Kingsborough adds the very sensible 
remark: '-The first figure probably denotes that Acamapichtli, before he was elected 
King, possessed the title of Cihuacohuatl, or supreme governor of the Mexicans; when 
Mexico afterwards became a monarchy, this title was retained." The token for 
"Cihuacohuatl" a female head surmounted by a snake, is also found in the pictures of 
Durdn (Lam. 8a). 

209 Durdn (Cap. XXIV, p. 205) : " Monteguma se voluio a ciauacoatl Tlacaellel, que 



662 

very important one. The most specific Mexican chronicles call 
him '' coadjutor to the King," " second King," " governor."-^'' 
Bj' other authorities he is mentioned us "■ vice-ro}',"-^^ and more 
frequentl_y yet as " supreme judge. "~'^~ Finall3% eye-witnesses of 
the conquest apply to the "• snake-woman " the titles of "keeper 
of the tribute "-1"^ and "captain-general" of the Mexicans. ^^"^ 

le Muia puesto porvenonibveygi-andegaaqael mievo ditado qne." Tezozomoc C'Cvbn')ca.'' 
cap. XXXIX, )). 3o) mentions the title together with the first actions of " wrath}' cliiel"," 
tlie Elder. But it also appears to have been very much older. Ixtlilxochitl {•■ Rela- 
ciones historicns" Spgundn Relacion, p. 323, Vol. IX of Kingsborongh), speaking of the 
migrations of tlie Toltecs says : " ilegaron S, Xalisco. tierra que estaba cerca de la mar, 
y aqui estiivieron ocho aiios, siendo descubridor Zuihuohuatl, tambien iino de los cinco 
capitanes inferiores." Veytia (Lib. I, cap. XXII, p. 220) attributes to tlie same the dis- 
covery of another region. It appears as if this title. — whose origin we may specul;ite 
upon. but. as yet, without any hope of positive results, — was always in existence, but 
appeared as a distinct oflB.ce only after the confederacy had been formed. A historical 
question of some interest looms up here: whether or not the first reported incumbent 
of tlie office after the formation of the confederacj', AtempaneL'.atl Tlacneleltzin, really 
existed. Torquemadn. (Lib. II, cap. LIV, p. 171) denies his existence, and perhaps hints 
at tlie "Codice Rimirez" when he speaks of "la mala, y falsa Relacion, que de esto 
tuvo, que yo tengo enuni poder escrita de mano, con el mismo leiiguage, y estilo." Sr. 
Jose F. Ramirez already noticed this sally of tlie provincial, in note 1 (p. 382) of Durc'in, 
" Hist, de las Yndias," etc., and recognized it at once as applying to the Codice R. 
Veytia (Lib. II, cap I, ]i. 82, etc.) acknowledges the existence of Tlacaellel. so docs of 
course Acosta (Lil). VII, ca)). 14, I.'?, Id, 17 and 18), and all those who followed the same 
sources as the "Codex Rumirez." The present city of Mexico, however, lias two 
monuments which, to my judgment, establish beyond a doubt the existence of this 
Tlacaellel. One of these is the '"Stone of Saci-ifice," and the other a comnu-moraiive 
slab, figured and described in No. 2 of Vol. I. ''Anales del Museo Xacional de Mexico," 
by the great Mexican scholar. Sr. Oi'ozco y Bi>rra. See my article in No. I, Vol. II of 
the •'American Antiquarian," '• The National Museum of Mexico and the Sacrificial 
Stone" (pp.2:! and 27). 

21" For these titles I refer in general to tlie Codice Ramirez, Durdn, nn(\ Tezozomoc. 
Quotations are useless and would onl)- serve to increase tlie size of the volume 

^'1 Already Tezozomoc mentions him a " teniente " Torquemada (Lib. XI, cap. XXV, 
p. .352). Vefancurt (•' Teatro Mexirano," Parte II«, Trat. IT, cap. I, p. .3()i)) : '• Despues 
del Rey que heredaba, como se ha visto guardando el orden de la sangre real, habia uu 
virey que llamaban Cihuacohuatl, que el rey proveta y era su segunda persona en el 
gobierno, de cuya seiitencia no lial)i;i apelacion al rey." 

212 Torquemada {h\h. XI, cap. XXV, p. 3.r2). Vetrincart ('• Teatro," p. 3ii9). Clarirjero 
(Lib. VIL cnp XVI, p. 481). Prescott ('• Conquest," B'k I, cap. II, p. 29). H. H. Ban- 
croft C Naliee Races," Vol. II, cap. XIV, pp. 434 and 435). Codex Mendoza (Tab. LXIX, 
" Myxcoatlailollac, .Justi(^ia miyor"). 

213 Uernal-Diez de Castillo (•' Hint, verdadcra, etc.," Cap. XCI, p. S7, Vedia II) : "Ac- 
uerdome que era en aquel tiempo su m;iyordomo un gran cacique que le pusimos por 
nombre Tapia, y tenia cu nta de todas las rentas que le traian al Montezuma, con .'-us 
libros hechos de papel, que se dice amatl, y tenia destos liliros una gran casa dellos." 
Now this "Tapia" reappears again as "governor" of Mexi(;o in diflVrent |ilaces. 
'• Relacion de la Jorn-idn que hizo Don Francisco de Sandoval Acazitli, Cacique ij Senor 
Natural que f tie del pueblo de Tlilmanalco" ("Col. de Documentos." Icazbalceta. )). 
315, Vol. II): "y a solos los Mexicano-; llevo. y fueron por sus caudillos Taiiia y D. 
Martin el de Tlatelulco." " Cuarfa Relacion Anonima de la Jornada de Nuho de 
Guzman" (Col. de Doc. II, ]). 471): " Viendo el seiior desta cibdad de Mexico, que se 
llama Tapia." Letter of the '• Oydores" Salmeron, Maldonado, Ceijnos, and Quiroya 



663 

Evei-y one of these designations conveys a certain amount of truth, 
though none of tliem adequately defines the oflice, tlie true nature 
and position of whicli become clear only tlirough a glance at its 
early history. Tribal executive as a permanent office, (which 
must always be distinguished from a hereditary dignity), was 
created under the pressure of extreme need. The warrior who 
enjoyed the confidence of the tribe, vvho was not only daring and 
brave, but had also given proof of wisdom in the councils, 
became the people's choice as leader. The Mexicans were then 
in an attitude of defence ; tlieir own existence was at stake, and 
it was but natural, therefore, tiiat ihe leading "• talk " should be on 
military subjects, and that consequently the prominent war-captain 
should become the prominent '"speaker," or foreman of the council. ^^^ 
In this manner we come to notice i)ut one executive chief until 
the confederacs^ was foi'med. His duties were plain, even simple, 
at that time. He resided at tlie official house and superintended 
the exercise of tribal hospitality there ; he was foreman to tlie 
council, and the leading executor of its decrees as far as tribal 
jurisdiction extended ; h^ controlled the receiving and housing 
of the modest crops gathered from the '' lands of the official- 
house" (tecpan-talli).-^^ which, togetlier with the customary pres- 

(2d •' RecueU" of'^ Ternaux Covipcms," dated Mexico, 14 August, 15:U): ''Ainsi I'on dit 
qii'un certain Tainco, qui gouvernait la paitie dii iMexique que I'du aupelle Teniixlitaii," 
I And also tlie following in the inuniciijal vecofds of Mexico: ''Act<is de Cablldo" (Vol. 
I. p. 75; " Viei-nes 17 de Agosta l.Tii;, afios ") : " Este dia de pediniento de Diego de 
Ordaz vecino do. esta Cil)d:id le hizierou raei'ced de le confiniiar cieita compi-a que liize 
de Guanacliel cacique que se llama Tapia de un sitio de casa que e.^ta cabe San 
Francisco." 

The ''gobeiMiador" of Mexico, after the conquest, and restoration under Spanish 
rule, was the former " Cihwicohanti " This is plainly stated by Cortes (■' Cai ta Cuarta," 
Vedia I, p. IIO) : " hice a uu capitan general que eu la guerra tenia, y yo conocia del 
tiempo de Muteczuma, que tomase cargo de la tovnar a poblar. Y para que mas autori- 
dad su persona tuviese, tornele a dar el mismo cargo que en tiempo del sefior tenia, 
que es ciguacoat, que quiere tanto decir como lugar-teniente del senor." Therefore 
the appellation oi BernalDiez, applies evidently to this officer. 

21* Cortes (■• Cart.'t Tei-cei'a," p. 80. '• Carta Cuarta" p. 110, both in Vedia I). Gomara 
(" Conquista" etc., Vedia I, p. 393) : "Vino Xiliuacoa, gobernador y capitan general." 
Herrera (Dec. Ill, lib. II, cap. VII, p. 5:>) calls liim "Guacoazin. Principal contejero 
del Rei, i su Liigar tenienle, " Torqaemada (Lib. IV, cap. C, p. .o67) : '• Salio un capitan, 
llamado Cihuacohuatl Tlacotzin." 

^lij Codice Ramirez (pp. 34 and 35) : " Mira. Seiior, que vienes a ser amparo y sombra 
y abrigo desta nacion Mexicana . . . ." Joseph d^e Acosta (Lil). VII, cap. VIII, p. 468). 
Torquemada (Lib. II, cap. XIII, p. S)5) : " La causa de su Eleccioii, Uie, aver crecido en 
numero, y esiar mm rodeados de Enemigos, que les hacian Uueira, y afligian." 

21° •• Tenure of Landa" (pu. 405. 40G and 41!)). I beg leave to correct here a mistake 
of mine in note 75, p. 420. At the close of said note it reads: -'The above quotations 
show conclusively that the soil of the '• tecpantlalli" was held and vested in the King 



664 

ents, constituted the tribal stores ; fin filly he commanded the 
people when in arms. The overthrow of the tribes of Azcapnt- 
zalco and Cuynacan, by rendering these pueblos tributary, and 
compulsory allies of the Mexicans in warfare, suddenly increased 
these duties to such an extent that an assistant or colleague, a 
second head-chief, became necessary, f'inall}', when the confed- 
eracy came into existence, tlie first of these two chiefs was made 
its military commander, thus burthening him with duties of an 
extra-tribal nature. ^i''' He, therefore, had to relinquish a corre- 
sponding share of tribal business, which naturally fell to his 
associate. This associate, as we have already stated, was the 
" snake-womtui" or "Cihuacohuatl," the proper head-chief of the 
Mexicans. 

As daily leader of the council's "talk," the foreman of its delib- 
erations, the '^ snake- wo man" appears in the light of a judge, even 
of a supreme judge. But while, on all important occasions, he 
was tlie spokesman 218 of the council, and the awards he declared 
and the sentences he pronounced, were final and admitted of no 
appeal, yet it was only so because they emanated from the 
council, and not because they were his own individual decrees 
He remained always subject to the authority of that bod}', and, in 
a genei-al way, he can be said to liave superintended tlie execution 

. . ." In place of it, " vested in the Kin" is the iiroper reading. The niistiike is wholly 
and exclusively mine — a '' slip of the pen," which I neglected to correct in time. 

^I'^The Tezcu(;an wviters. represented by IxtUlxnchitl {-'Hist, des ChichwiSques," 
Cap. XXXII and XXXIV) claim the leadership for Tezciioo, but the facts disprove it. 
Compare also " Tcmire of Lands" (pp. 41(3, 417 aii<l 418). 

-^^ Fragmento No. ] {" Biblioteca Mexicana" — ^- A'oticins relativas al Reinado de 
Motecuzuma J ihuicmnind,," p. 124): "Junto.s los principales Mexicanos, el Key les 
dixo lo que el Rey dc Tetzcuico pedia, y todos dieron la mano H, Tlacaellel, el cual 
i-espondio en nombre de todos a su Rey." Duraii. (Cap. XIV, p. 118) : "Tlacaellel, que 
en todo era el primer voto y a quien se dava la mano en responder." (Cap. XV, p. 
128): '-Todos dieron la mano a Tlacaellel para quo i-espondiese al rey." (Cap. XXIX. 
p. 240): " Tlacaellel, ijoniendose en pie, dixo desta manera, etc., etc." (Cap. XXXII, 
pp. 2,i4 and 25.5, Cap. LIII, p. 417.) Tegozomoc (Cap. XVIII, p. 28. Cap. XIX, p. 30) : " Y 
asi oydo csto per los i>rincipales Mexicanos tonio la mano de hablar Cihualcoall 
Tlacaeleltzin y dijo; Irjo y nue.-tro niuy qucrido rey, os encargaos que veais luuy bien 
lo que quereis hacer . . ." (Cap. XXI, p. 32) : •' Pasados algunos dias dijo el rey 
jMoctezuma d, Zihuacoatl Tlacatleltzni general y oydor . . ." ••Llegados todos lo.'i 
sefiores de los dichos )iueblos al palacio del re.y iMo(^tezunia. y sentados cada seiior 
segun su mereciniiento y valor de sus personas, digeron el rey Mocteznma, y sii jiresi- 
dente y oapitan genei'al Zihuacoatl Tlacatleltzin," (Ca]). XXXI. p. 48). (Cap. XXXVI. 
p. 57): "que el primero era su real conscgei-o Zihuacoatl Tlacaeleltzin, . . ." (Ca)>, 
XXXIX, p. 62, Cap. XI. Ill, p. (iS)) : "Ltiego en el palacio del rey Axayaca sin salir los 
grandes, ni nadie, prosiguio Zihtiacoatl Tlacatlellzin . . ." Further quotations are 
superfluous, particularly from this author. 



665 

of its judicial decisions, altlioiigli, as will be seen hereafter, this 
part of the duty was properly assigned to' other officers. 

The " Cihnacoluiatl " was responsible to the council for the 
careful housing of the tribute received, as far as it was applied to 
tribal requirements, and for the faithful distribution of the remain- 
der ^^^ among the kins. This, and the fact that he kept the 
paintings recording the tribute, has caused Bernal Diez de Castillo 
to call him " ma^^ordomo mayor," or general Intendant, and 
" keeper of the tribute" as we have ali-ead}^ mentioned. ^'^"^ 

How the " snake-woman" was the actual associate and colleague 
of that other chieftain who, after having been originally principal 
war-chief of the Mexicans, became at last commander of the con- 
federate forces, we have already noticed. -^^ We shall yet recur 

2'!'This results from the authoritj' exercised by the Zihuacoatl over the captives in 
war. I have already alluded to tliis featui'e, and now.but recapitulate the followir.g 
quotations: Durdn (Cap. XIX. pp. 17-2 and 173). Also Tezozomoc {Cup. XXIX, p. i5, 
Cap. XL. pp. 64 and 05, Cap. LXII, p. 104, Cap. LXVI, pp. 110, 111, Cap. LXX, p. 119), 
etc., etc. 

^'^n Bernal Diez de Castillo (Cap. XCI, p. 87, Vedia II) : "Acuerdonie que era en aquel 
tienipo su niayordomo mayor un gran cacique que le pusimos por nombi-e Tapui, y 
tenia cuenta de todas las rentas que le traian al Montezuma, con sus libros hechos de 
su pai^el, que se dice amatl, y tenia destos libros una gran casa dellos." 

221 There is no doubt in regard to the equality of rank, though the duties were some- 
what different. '• Codice liamirez," (p. 0(5) : "Concluidas las oli=equias, el capitan gen- 
eral Tlacaellel que todavia era vivo, junto losdel consejo supremo Esto>juutoa 

.... trataron de elegir nuevo Rey, y todos se encaminaban al valeroso Tlacaellel, el 
qual conio otras veces, nunca quizo admitir el Reyno, dando por razon que mas litil 
era a la Repiiblica que liubiese Rey y coadiutor que le ayndasse como era el, y no solo 

el Rey Pero no por esto dejaba de tener tanta y mas autoridad que el niisnio 

Key, porque le respetaban y honraban, Servian y tributtiban como & Rey, y con mas 
temor. porque no se hazia en todo el Reyno mas que lo que el mandaba. Y assi usaba 
tiara y insignias de Rey, saliendo con ellas todas las vezes que el mismo Rey las sa- 
caba." (P. 67), when the old Zihuacoatl died, his successor was elected : "con todas 
las preeminencias que su padre tenia." The •' Fragmento Ko. 1" {'^ Noticius relativas 
al lleinado de Motecuzuma llhuicamina") is very positive also, almost always 
mentioiiing both officers together. Durdn (Cap. XXVI, p. 215): "Ordenose que 
solo el rey y su coadjutor Tlacaellel pudiese traer 9apatos en la casa Real y que 
ningun graude entrase cal9:ido en palacio, so pena de la vida, y solo ellos pudicsen 
traer i;apatos por la ciudad, y ningun otro . . . ." ; (Cap. XXXII, p. '255) : ''Tlacaellel 
respondio: que mas honra puedo yo tener que la que hasta aqui e tenido? que mas 
senoi io puedo tener del que tengo y e tenido ? pues ninguna cosa los reyes pasados an 
hecho sin mi parecer y consejo en todos los negocios civiles y criminales . . ." ; (Cap. 
LXI, p. 32(3), the speech of Tlacaellel tliere reported is rather too lengthy to copy. Ics 
substance is contained in the closing words: '• luego rey soy y por tal me aueis tenido; 
pues que mas rey quereis que sea? y asi como asi tengo de tener el mismo oflcio y 
exercicio, hasta que me muera .... Sosegaos, hijos mios, y hace mi voluntad, que ya 
yo soy rey, y I'ey me sere hasta que muera; . . ." (Cap. XLIV, p. 357): "el viejo 
Tlacaellel, a la raesma manera, al qual, dice esta ystoria, re.-petauan como a rey;" 
(Cap. XLVIII, p. 381): "el nonibre de Ciuacoatl, que el padre tenia, el qual era ditado 
de mucha grande9a eredado de los dioses; y asi desde aquel dia le llaniauavan Tlil- 
potonqui Ciualcoatl, que era sobre nombre diuino." Tezozomoc (" Cronica," Cap. 



^o the relative positions occupied by botli ofHcers, and merely 
advert, here, to the fact, that, since the latter has commonly been 
called a monarch, the designations of " coadjutor to the King," 
"second-King," previously quoted, are explained, tiiough not 
justified. The same explanation ajjplies to the title of " vice-roy," 
or " ro^'al lieutenant." 

Finall}', the "• Cihuacohuatl" was ex-offlcio commander-inrchief 
of the Mexicans proper, whenever his colleague directed the entire 
confederate force. ^^^ If, however, this was not the case, then the 

XXXin. p. 5:5): "Dela maneia que fiie vestido y ndornnilo Moctezuma, lo fueron tnni- 
bieii Ziliuacoiitl y Tlacaeleltzin ; " (Cap. XXXVI. p. 58) : '■ i)iies solos dos eran los que 
liavian de tener catles, que eran Moctezuma, Zduiacoatl y Tlacaeleltzin, como segunda 
))ersona del ley. porque se entendiese liavian de sei- temidos de todos los grandes del 
imperio; " (Cap. XL, p. 66), Speech of Tlacsaellel: " tocante a lo que tratais del seSorio, 

yo siempre lo he tenido y tengo, porque yo como segunda persona que siempre 

I'ui del rey y de los reyes pasados, etc." Further quotations from this author would 
become too numerous, consequently too bulky. Besides these sources, to which sliould 
be adiled Joseph de Acosta (•■ Hid: nat: ij moral,'''' Lib. VII, cap. XVII, p. 494, Cap. XVIII, 
.p. 495), we find .^igniflcant testimony in two authors who certainly did not gather their 
information at the source, from which the above series of authors obtained theirs. I 
refer to Juan de T'orquemada {'• Afoiiarchia Indiana," Lib. XI, cap. XXV, p. 35-2): 
'•Aqiii parece lo mismo, que i-eservando el Rei JIe.\'icano para si, la auturidad Heal, le 
hace su igiial en la Judicatura." Vetitncurt (•• Teatro Mexicnno," Parte II«, Tratado , 
11°, cap. I, p. 3!)!)): " Tan absoluta era la autoridad que le daba, que reservando el rey 
en si la autoridad real, era en la judicatura igual." In regard to the fact that both 
chiefs wore the same characteristic ornaments and dress, see Durdn (Lamina 8a to 
Cap XXIII of Trat. 1°), also '' Codex Teller luno-Remensis," comparing it with the head- 
dress of the leading figure of the sculptures on tlie rim of the cylinder known as the 
" stone of sacriflae," in the Museo Nacioual of Mexico. 

'^"^"Codice Ramirez" (pp. 59, 60, 61, 62 and 63), treating of the " capitan-general 
Tlacaellel:" haziendo hazafias dignas de gran niemoria por medio de su general 
Tlacaellel." The war against Chalco wa.s waged by the Mexicans a7id their confeder- 
ates, therefore we rend (p. 4): "Y asi fue que aoudiendo esto Rey en personas & la 
guerra." (P. 67) his oflttce was :" de capitan-general y segundo de su coite. . . Durdn 
(Cap. XVIL pp. 147 aiid 148), war against Chalco, when both chiefs went along. (Cap. 
XVIII, p. 158), foray against Tepeaca, both chieftains in the Held, as both Mexicans and 
confederates jiarticipated. (Cap. XIX), agauist the Huaxtcca. (Cap. XXII, p. 189): 
'•Tlacaellel, principe de la milicia," in the raid against Coayxtlahuacan. In place of 
Tlacaellel, '• era ya viejo y que no podria ya ir aguei-ra tan apai'tada," Cuauhnochtli 
commanded the Mexicans. The most explicit and positive author of all is Tezozomnc 
(" Cronica Mexicana," Ciip. XIX, p. 3'2, Cap. XXI, p. 32): -Zdinacoatl Tlacaeleltzin 
general y oydor," — "ysu prc-^idente y capitan-general Zihuacoatl Tlacatleltzin." In 
regard to the protracted hostilities against the tribe of Chal(;o, it is stated that the 
'•Cihiiacohuatl" alone commanded (Cap. XXII, p. 34); but it follow.-^ from p. 35, that 
alter the first bloody though indecisive fight, the allies were called upon lor sissis- 
tance, although Tezozoinoc says it was only a delegation to insure their quiet. This 
explains the conti'adiction between him and the two preceding authors. In (Cap. XXIV, 
p. 37), he acknowledges that iNIontozuma Ilhuicamina went along, together with Ciliua- 
cohuatl. The fact, that the conquest of Cha.lco was made by the Mexicans, with 
the assistance of allies, is conceded by other authors. See Torquemada (Lib. II, cap. 
XLIV and L). Orter/n ("Apcndice" to Vcytia, Cap. Ill, pp. 240-'243). Therelore the 
Ciluiacohuatl connuanded the Mexicans. In the foray against Tepeaca and Tccama- 
chalco, the conlederate forces sallied out, (Cap. XVII): "cada uno con su capitan y 



667 

latter led the Mexicans in person, or a substitute for either of 
them mioht talve the comuiand.'-^^^ During tlie last days of 
aboriginal iMexieo, when warriors from different tribes, together 
with tlie head-chiefs of Tezcuco and of Tlacopan, crowded into 
the invested pueblo, the so-called " King of Mexico" appeared as 
the confederate commander, while the "snake-woman" only 
wielded the authority and performed the duties of " captain- 
general" of the Mexican contingent. ^^'* 

All these different attributes may be united in Ihe functions of 
one office, namely : that of head-chief of the tribe. As such, we 
must consider the "• Cihuacohuatl," and as such was he recognized 
by Cortes when in 1521, he created the last "snake-woman" 
"governor" of the remnants of the Mexican tribe and of the 
so-called Indian wards within which they "were" subsequently 
settled. 2-25 

We have seen that the "snake-woman" was the colleague, or 
associate in matters of tribal importance, of another officer, who had 
originally filled his place, but whose sphere of action had been so 
much extended through the formation of the confederacy, that a 
colleague became needed in tribal affairs. This officer, commonly 
entitled "King of Mexico," sometimes even " Emperor of Anahuac," 
was the "chief of men," " Tlaca-tecuhtli ".'^^^ 

capitanes senalados," and both vvarcliiefs of IMexioo were present and in the field 
(p. 41). Not to increase the volume of quotations beyond measure, I shall simply add 
that, as the Ciliuacohuatl grew older and could not well go to war, otlier captains took 
his place. These captains I will refer to hereafter. Acosta (Lib. VII, cap. XVIII). 

1123 Evidence to that effect is fonnd in Durdn (Cap. XXII, p. 1S9), and especially in 
Tezozomoc (Cap. XLYIII. p. 78) ; " Cuauhnoohtli, capitan general " (Cap. LXXI. LXXII 
and XCI, pp. 160 and 161, etc., etc.). This explains why the title of chief-commander of 
the Mexicans is so variously stated. See the very sensible remarks of Clavigero (Lib. 
VII, cap. XXI, p. 494, etc.). These chiefs were, in tliis instance, temporarily ;ii)pointed, 
since it was not the creation of an office, but simply a delegation of power for a certain 
special purpose. When the foray was over, the charge ceased to exist, the war-chief 
returning to his original lank. 

221 Cortes (" Carta Terce7-a," Vedia I, p. 8!») : E dende a poco volvio con ellos uno 
de los mas principales de todos aqnellos que se llamaba Ciguacoacin, y era el capitan y 
gobernador de todos ellos, e por su consejo se seguian todas las cosas de guerra." 
This fact is generally accepted, and needs no further proof. 

225 Cortes (" Carta Quarta," Vedia I, p. 110). Petition to Charles V, hy four Indian 
chiefs of Mexico, June 18, 15:i2, in " Cnundis horribles des Conquerants espagnols," of 
Mr. Ternaux-Compans, 1st Series (Appendix, jjp. 205, 266 and 269): -'Moi, don Her- 
nando de Tapia, je suis feu de Tapia, et ancien Tucotecle, gouverneur de Mexico, sous 
le marquis del Valle." Herrera (Dec. Ill, lib. IV, cap. VIII, pp. 122 and 123). Bernnl 
Diez de Castillo (Cap. CLVII, Vedia II, pp. 19S and 199). Icazbalceta in Cervantes- Salazar 
(" Tres Didlogos" Introd. to id Dialogue, pp. 75 and 76). 

22" I have used this title, perhaps for the first time among recent writers, in ''Art of 
War,'" (p. 123). Tezozomoc (Cap. LXXXIII, p. 145). Ramirez de Fuenleal (■' Letter, 



668 

In the year 1375, according to the Mendoza Codex, the first 
incumbent of this office was elected by popular vote.^-" From 
that time on, the oflSce remained strictly elective and non-hereditar^', 
in so far as, like the chief officers of the calpulli, the descendants 
of the former incumbent were preferred to succeed him ; provided 
the}^ were undoubtedly competent. ^-^ But no rule of succession 

etc." in \st Eecueil of Ternanx-Compans, p. 247). Codex Mendoza (Plate XVIII): 
" Tlaoateotli gobeniador" also the '■ Declaiaoioii do la flgurado.'' Scihnc/un (Lib. VI, 
cap. XX, pp. 13(5 and 138). This very remarkable chapter deserves to be closely studied, 
since it embodies tlie principles npon!which the aborigines of Mexico filled their offices, 
and the bases of their mode of government. It would be too long to attempt a full 
analysis of it, and anything short of a careful study would fail to give an adequate 
conception of its importance. I merely reler to the statements of the celebrated Fran- 
ciscan in regaril to the title under consideration: "porque ya esta en la dignidad y 
estrado, y tiene ya el principal lugar doude le puso nuestro sefior? ya le llaman por 
estos iiombres tecatlato, tlacatecutli, por estos nombres le nombran todos los populares 
. . . ." This passage and tlie succeeding one: " y alguno de estos tornado de la repub- 
lica por rey y sefior," clearly indicate that the title is that of the so-called "King" 
or '• chief of men ; " (p. 138) ; however, he mentions the '• tlacatecutli " as one of '• dos 
senadores para lo que toca al regimiento del pueblo." There is an evident contradic- 
tion here, which is very similar to tlie one already noticed in regard to the two sections 
of the council, in a former note. 

227 Codex Mendoza (Plate II). Mendieta (Lib. II, cap. XXXIV, p. 148). In regard to 
this Chronology, compare the late and highly valuable woik of Don M. Orozco y Berra, 
(" Ojeada sobre la Cronologia Mexicana" in the " Bihlioteca Mexicana," — an Introduction 
to a reprint of Tezozomoc). The learned author has brouglit to light m;iny highly val- 
iiable facts. Tliat " Acamapichtli " or '• Handful of Reeds " was elected, is abundantly 
proven by many authorities, so that detailed quotations are useless. 

228 The fullest report is contained in Saliaguii (Lib. VIII, cap. XXX, p. 318) : " Cuando 
moria el senor 6 rey para elegir otro, juntabanse los senadores que llaraaban tecutlat- 
oque, y tambien los viejos del pueblo que llamaban achcacauhti, y tambien los capitants 
soldados viejos de la guerra que llamaban lauequioaques (should belau-Tequioaques), 
y otros capitanes que eran principales en las cosas de la guerra, y tambien los batrapas 
que llamaban Tlenamacazques 6 papaoaque: todos estos se juntabau en las casas 
reales, y alii deliberabiin y determinaban quien habia de ser seiior, y escogian uno de 
los mas nobles de la line de los senores autepasados, que fuese hombre valienie y 
ejercitado en las cosas de guerra, osado, animoso, y que no supiese beber vino: que 
fuese prudente y sabio, y que fuese criado en el Calmecac: que supiese bien hablar, y 
fuese entendido, reuatado y auinioso, y cuando todos 6 los mas concurrian en uno, 
luego le nombraban por seiior. No se hacia esta eleccion i)or escrutinio 6 por votos, 
sino todos juntos confiriendo los unos con los otros, venian a coucertarse en uno." To 
this shonlil be added tlie testimony of the same author (Lib. VI, cap. XX, pp. 13G-i:W). 
Duran (Cap. XI, p. lO.i) : " y es de saner que no ponian hijo del que ele.xian por rej', 6 
del que moria. porque como ya tengo dicho, luinca heredaron los hijos, por via dc lier- 
encia, los ditados iii los senorios, sino por election ; y asi, agora fuese hijo, agoi-a fuese 
hermano, agora primo, como fuese eleto por el rey y por los de su consejo para aquel 
ditado, le era dado, bastaua ser de aquella lingnia y pariente cercano; y asi iban 
sienipre los hijos y los hermanos heredandolo, poco a poco, si no esta vez, la otra, 6 si 
no la otra, y asi nunca salia de aquella generaciou aquel ditado y seiiorio, eligiendolos 
poco a poco." (Cap'. LXIV, p. 498) : " porque en aquel tienipo heredabanse los hermanos 
hijos del rey unos a otros, aunque de lo que desta hystoiia e notado, ni aula herencia 
ni sucesion, sino solos aquellos que los electores escogian, como fuese hijo 6 hermano 
del que moria, 6 sobrino o piimo, en segundo grado, y este orden me parece que llevan 
en todas sus clectionos, y asi cree que muclios de los que claman y pidcn venilles por 
herencia los senores, i)orq.ue en su infldelidad sus padres fuerou reyes y senores, 



669 

limited the choice to a family, perhaps not even to a kin.^^g J^W^q 
every other office it had to be deserved,^^^ and could not be ob- 
tained by birth or through craft ;~^i neither could it be transmitted 
through inheritance. ^"^^. 

The iiistory of this office ma}' be divided into two periods : the 
first, closing with the formatiou of the confederacy iu the first 
quarter of the fifieenth century ; the second, beginning at that 
time, and lasting until the final abrogation of the office by the 
Spaniai'ds, in 1521.233 During the former period the ''chief of 
men" was, as we have already said, bat the executive chieftain 

entiendo no piclen justicia, porque en su ley antigua mas eran electiones, en todo genero 
de sefioi'cs, que no herencias ni sucesiones." The author of the above was a native 
Mexican, and knew the customs of his people. "■ Codice Ramirez" (p. 58): "porque 
como queda relerido, nunoa heredaron los hijos de los Reyes en los seSorios, sino por 
eleccion daban el Reyno a uno destos quatro priucipes, a los quales tampoco heredaban 
sus hijos en estos ditados y cargos; sino que niuerlo uno escogian otro en su lugar al 
que les parescia, y con este mode siempre tuvo este Reyno muy suflcientes hombres en 
sus Republicas, ijorque elegian los mas valerosos." Tezozomoc (Cap. LXXXir, pp. 142 
and 143), conflrming the mode of election as reported by Sahagun. Zurita f" Rapport, 
etc." p. 14) : " Ainsi, lis preferaient laisser apres eux uu successeur qui fut capable de 
bien gouverner, plulot que d'abandonner cette charge & leurs Ills, a leurs petits-flls ou 
a leurs lieutenants, comme le fit Alexandre le Grand." Mendieta (Lib. II, cap. XXXVII, 
pp. 153 and 154). Torquenuida (Lib. XI, cap. XXVII, p. 358) : " Confleso de la Republica 
Mexicana esta mancra de sucesion, y que se elegian algunas veces, sin diferencias, 
notando solamente las qualidades de las personas, y de estos fue Itzcohuatl, valeroso 
Rei Mexicano, que por el valor de su persona, y la grande9a de su animo, no se ad- 
.virstio, ui reparo para eligirle, en que era Hijo de una Esclava; pero no es maravilla, 
que el bien publico, prefiera al particular." I forbear quotmg the tales about the elec- 
tion of sundry Mexican chiefs, as related by the above and other authors. 

220 ciavigero (Lib. VII, cap. VI, p. 463). has distinctly formulated tlie idea : " that the 
crown should always remain in the house of Acamapitzin." Enough has been said 
about the Mexican family to dispel tlie notions of an "Indian dynasty" in Mexico. 
At best, a succession or perpetuation of the office in a certain Km or cafpulli, might be 
conceded. JDurdn (Cap. XI, p. 103), Codice Ramirez, (p. 58), and Zurita (p. 14), make 
even this somewhat doubtful ; so iloes the election of Itzcohuatl, as conceived by Torque- 
m<id(i (Lib. XL cap. XXVII, p. 358). Tlie origin of " Flinty Snake" is, however, re- 
ported in too many diflerent ways to justify any conclusion based on it. Tlie fact, that 
one of the four leading war-captains should become " chief of men," militates against 
descent of office in a certain kin. See also Joseph de Acosta ('• Hist. nat. y moral de los 
Indiiis,'" Lib. VI, cap. 24, pp. 439 and 440). 

230 Sahafiun (Lib. VI, cap. XX ; Lib. VIII, cap. XXX). Acosta (Lib. VI, cap. 24). 

2siifls Casas {•'Hist, ajiologetica" quoted on p. 124 of Vol. VIII of Lord Kingsbor- 
ongh's collection) : '' Quando algun seuor moria y dexava muchos hijos, si alguno se 
alzava en palacio y se queiia prel'erir a los otros, aunque fuese el mayor, no lo con- 
sentia el Seiior a quien pertenecia la confirmacion, y menos el pueblo. Antes dexavan 
pasar uu afio, 6 mas de otro, en el qual consideravan bien qual era mejor para reglr 
6 gobernar el estado, y aquel permanecio por seiior." Zurita (•• Rapport, etc.," pp. 18 
and 19). Torqueniada (Lib. XI, cap. XXVII, pp. 358 and 359). Further quotations 
would be useless. 

232 111 addition to the authoiities named in note 228,1 refer to Clai'igero (Lib. VII, 
cap. VI, p. 463), with the restriction mentioned in note 229. '• De Vordre de Succession, 
etc." Cist Recueil of Ternaux-Cvmpans, p. 228). 

"^^^ Zurita {''Rapport, etc.," p. 69). Saliagun {Uh. YIll, cap. I, p. 272). The death 
of Cuauhtemotzin put an end to the office in the eyes of the Spaniards, although It had 



670 

of the tribe, and the duties of his office, at that time embracing 
those of the " Cihuacohuatl," have been stated by us already. 
The confederation had so far wrought a change that he became 
"general" of its allied warriors,^^^ ^nd consequently to a certain 
extent, an extra-tribal officer residing at Tenuchtitlan, Mexico, 
because the military supremacy was vested in that tribe. We 
have previously alluded to the fact that it was the " chief of men" 
upon whom we have been heretofore accustomed to look as a 
monarch, even a despot. His office and its attributes have been 
the mainstay's of the notion that a high degree of civilization pre- 
vailed in aboriginal Mexico, in so far as its people were ruled 
after the manner of eastern despotisms. 

Not only was this pretended monarch strictly elective, but he 
could also be deposed for misdemeanor. ^^s u ^Yi-athy chief" the 
younger, better known as the last Montezuma, was removed from 
office and his successor elected before that ill-starred chieftain's 
violent death. ^^'^ 

been formally abrogated by the capture of that chieftain, to whom no successor 
was appointed by the whites. 

•i^i"- Tenure of Lands" (p. 417). Ixtlilxochitl (" Histoire des ChichimSques," Cap. 
XXXII, p. 219), claims for his Tezcucan chief the military command, in tlie sliape of an 
"imperial " title : " He of Tezcuco was greeted by the title of Aculhua Teculitli, as also 
by that of Chichimecatl-Tecuhtli which his ancestors carried, and which was the 
distinctive mark of the empire." I believe this claim was disposed of in " Tenure of 
Lands" (p. 394, notes 9 and 10). See also Vetancurt (Part lla, Trat. I, cap. XIV, p. 
491) : " y remataron la fiesta quedando Izcohuatl por rey supremo del imperio tepaneca, 
por eer primero que Netzahualcoyotl." See also the tacit acknowledgments by 
Ixtlilxochitl (" Hist: des ChichimSques," Cap. XXX VIII, LXXIV, LXXV). 

235 Vetancurt (" Teafro Mexicano," Parte II, Trat. II, cap. XV, p. 485) : •' Otras muchas 
leyes extravagantes que con el instinto natural, con maduro consejo conflrmaron y 
que inviolablemente guardaban, tenian los Mexicanos y los de Guatimala, como el de 
deponer al rey con junta y consejo de la uobleza.' 

236 That " wralhy chief" had lost all his authority during the time Cortes went against 
Narvaez, is clearly stated in " Carta Segunda" (Vedia I, pp. 41 and 42) already, though 
the fact of his lemoval from office is not noticed by the Spanish commander himself. 
It is, however, mentioned by Bernal Diez de Castillo (Cap. CXXVI, p. 132). 
Montezuma said to Olid and to the "Padre de la Merced:" " Yo tengo creido que no 
aprovechare cosa ninguna para que cese la guerra, porque ya tienen alzado otro sefior 
... ;" and again tlie Mexicans themselves are reported as answering to Blontezuma : 
" Hac^mosos saber que ya hemos levantado 3, nn vuestro primo por seiior." Las Casas 
(" Breuissima Relacion," p. 49), Alvarado : '• Ponen un puilal a los peohos al preso 
Moten5uma que se pusiesse a los corredores, y mnndasse, que los Yndios no com- 
baticssen la casa, si no que se pusiessen en paz. EUos no curaron entonces de 
obedecelle en nada; antes platicauan de elegir otro Seiior, y capitan, que guiasse sus 
batallas." Sahagun (Lib. XII, cai). XXI, pp. 28 and 29): "Oidas estas voces por los 
Mexicanos y Tlatilnlcas, commeuQai-on entre si a bravear, y maldecir a Mocthezuma 
diciendo que dice el puto de Mocthezuma y tu bellaco con el ? no cesaremos de la 
guerra; luego comenzai'on a, dar alaridos y a tirar eaetas y dardos acia donde estaba 
el que hablaba junto con Mochthecuzuma." This was before Cortes had even captured 
Narvaez, and shows that at that time the " chief of men " had already lost all authority. 
Codice Ramirez (p. 89). When the other chief who was with Montezuma had spoken: 



671 

Among the duties of the " chief of men," we notice first that 
of residence at the " tecpan " or official house. ^^^ This is com- 
monly stated to be a royal privilege, whereas it was, in fact, a 
burthen, as it simply meant that lie occupied the position of head 
of the official household of the tribe.^^^ The formation of this 
houseliold we have elsewhere described. ^^^ It was a communal 
group, consisting of the head-war-chief and his family, together 
with such assistants (and their families, if any), as were required 
for the transaction of daily business. ^'^'^ The " tecpan " is appro- 
priately called : " house of the communit}'," " casa de comunidad," 
by Fray Juan de Torquemada,^'*^ and its residents were placed 
and kept there for the purpose of extending tribal hospitality, and 
for the furtherance of tribal business and extra-tribal relations. 
This " official family" had to wait upon the officers and chiefs who 

" un animoso capitan llamado Qiiauhtemoc de edad de diez y ocho aiios que ya le 
querian elegir por Rey dijo en alta voz : " "Que es lo que dize este bellaco de Mote- 
cuczuma, muger de los espanolos, que tal se puede llamar, pues con animo mugeril se 
entrego a ellos de puro niiedo y asegurandonos nos ha puesto todos en este trabajo? 
J{o le queremos obedecer povqne ya no es nnestro Rey, y como a vil hombre le hemos 
de dar el castigo y pago." Fragmento No. 2 {Noticias Relativas a la Conquista," etc., 
p. 143) : " y ellos le deshonraron y llaniaron el Cobavde." Torquemada (Lib. IV, cap. 
LXVIII, p. 494) : " solto a un Hermano de Motecuh^nma, Senor de Iztapalapan, y los 
Mexicanos, ni hicievon el Mercado, ni le dexaron bolver ft la Prision, y le eligieron por 
su Caudillo" (Id. Cap. LXX, p. 497). Vetancurt (" Teatro,'^ Parte Ilia, Trat. I, cap. 
XIV, p. 1-25, cap. XV, pp. 130, 131). Herrera (Dec. II, lib. X, cap. VIII, p. 264). It is 
very interesting to notice that Torquemada and Herrera use identically the same 
words. Their versions are the fullest. 

237 Tenure of Lands (pp. 409 and 410). Durdn (Cap. XXVI, p. 214) : " Y asi. lo pri- 
mero que se ordeno, I'ue que los reyes nuiica saliesen en publico, etc., etc." It is 
scarcely necessary to prove this at any length, by quotations. 

238 Tenure of Lands (p. 409). Herrera (Dec. Ill, lib. IV, cap. XVII, p. 1;^8) : "Estos 
Tributos eran para el bien publico, para las Guerras, para pagar a los Governadores, i 
Mini.-tros de Justicia, i Capitanes, porque toda esta Gcnte comia, de ordinario, en el 
Palacio del Rey, adonde cada uno tenia su asiento, i higar conocido, segun su oficio, 
i Calidad, . . ." Sahagun (Lib. VIII. cap. XIII, p. 301) : " Y despues que habia comido 
el seiior, mandaba a sus pages, 6 servidores, que diesen de comer a todos los seiiores y 
embajadores que habiau venido de algunos pueblos, y tambien daban de comer a los 
que guard:iban el palacio. Tambien daban de comer a los que criaban los manceboa 
que se llaman telpuchtlatos y a los Satrapas de los idolos. Asimismo daban de comer 
a los cantoi'es, a los pages, a todos los del palacio, etc., etc. . . ." Tezozomoc (Cap. 
LXXXII. p. 144). The latter is very positive, mentioning it as a duty. 

239 Tenure of Lands (pp. 409 and 410). 

240 The information on this point goes back to Cortes ('• Carta Segunda" Vedia I, 
p. 35) : "La manera de su servicio era que todos los dias luego en amaneciendo eran 
en su casa de seiscientos sefioi-es y personas personales, los cualcs se sentaban, y otros 
andaban por unas salas y corredores que habian en la dicha casa, etc., etc." The other 
eye-witnesses are hardly as positive. The exaggerated reports of Oviedo (Lib. 
XXXIII. cap. XLVI, p. 505), Torquemada (Lib. Ill, cap. XXV. p. 296), Vetancurt 
(" Teatro," Parte IIo, Trat. 1°. cap. XXIll, pp. 3.56, 357, etc.), Herrera (Dec. 11, lib. VII, 
cap. IX, pp. 183, 184) and others, simply prove tliat the ''tecpan" was permanently 
occupied by a numerous household, of which the '' chief of men " was the head. 

241 " Monarqtiia Indiana^' (Lib. VI, cap. XXIV, p. 48). 



672 

daily transacted affairs at the " tecpaii," to carry their victuals 
to the halls in which their sessions were held and also to wait upon 
the foreign official guests (often enemies) who were received in 
separate, even secluded, quarters. ^"^^ But their main duty con- 

^■i^ Sahagun (Lib. VIII, cap. XIII, p, 301, as copied in note 238). Zurita (•' Itapport,^' 
etc., p. 96): " II y avail dans Jes palais des souverains des appavtements vastes, eleves 
de sept a, huit marches comme nos entre-sol, et destines S la residence des juges." (P. 
100): " De bonne lieui-e on appoitait au palais meme les repns des magistrats." This 
wonld imply that the food was brought to the "tecpan" from tlie places where the 
members of the council ('■ teoiitlatoca") actually resided. This is positively conti'a- 
dicted by Tezozomoc (" Cronica,,' Cap. LXXXII, p. 144), who makes it one of the duties 
of the "chief of men," "con los viejos y viejas mucho amor, dandoles para el snstento 
humano: regalados los jirincipales, teniendolos en mucho, y dandoles la lionra que 
merecen : Uamarles cada dia al palacio que coman con vos, gnnandoles las volnntades, 
que con ellos esta el sostener el imperio, buenos consegeros, buenos aniigos, que por 
ellos OS es dado el asiento, silla, estrados; honra, senorio, mando y ser." Such an 
extensive meal of the tribal officers is also intimated by the same author as having 
been customary with the Xocbimilcas, — a tribe well known as being closely allied to 
the Mexicans,— where he says (Cap. XVI, pp. 25 and 26) : " Las Indias mugeres de las 
Xocbimilcas, lavando muy bien el itzcahuitl, teiuitlatl, y otras cosas salidas de la 
laguna, y lavado, y limpiamente lleuandolo al palacio de Tecpan para que le comiesen 
los prinoipales, y comenzandolo it comer estava muy sabrosa, 3' prosiguiendo en su 
comida, etc., etc. . . ." Zurita (" Rapport," etc., p. 49), speaking of certain chiefs, 
says: "Outre ces avantages, le souverain supreme payait une solde a ces chefs, et 
leurfaisait delivrer des rations. Ceux ci se tenaient continuellcment dans son palais 
pour former sa cour." It is to these " chiefs," which were none other tlian the members 
of the council, that Gomara (Vedia I, p. 342) refers, copying Cortes (" Carta Se- 
ffunda," Vedia I, p. 35), who adds, however: "E al tiempo que traian de comer al 
dicbo Muteczuma, asimismo lo traian 5 todos aquellos seiiores tan cumplidnmente 
cuanto a, su persona, y tambien a lo.s servidores y gentes destos les diiban sus raciones. 
Habia cotidlanamenle la dispensa y botilleria abieria para todos aquellos que quisieeen 
comer y beber." The chaplain has added to Cortes' relation some items tending to 
increase or enhance the importance of the meals, whereas he has suppressed the 
above, very important, passage. Compare Vedia: (Tom. I, p. 345). His statements 
agree far better with those of Bernal Diez ("Hist, verd." Vedia II, cap. XCI, pp. 86 
and 87). The fact of the "official liousehold" being entrusted with the disjiensation 
of tribal hospitality is therefore certain. The members of the council ate there also, 
as proven by Zurita (p. 96), Sahagun (Lib. VlII, cap. XIII, p. 301), Mendieta (Lib. II, 
cap. XXVIII, p. liH) : " traianles algo temprano la comida de palacio," and it is implied 
by Torquemada (Lib. XI, cap. XXV, p. 352): "Estos Jueces oian de ordinario, on 

especial de causas criminales, todos los Dias a maiiana,y tarde, asistian en 

sus Sala.«, que las havia en la casa del Rei, particulares " He is even very 

positive (Lib. Ill, cap. XXV, p. 296): "No solo tenia este Grande, y Magniflco Empera- 
dor casas muy cumplidas, y Salas, y Aposentos grandiosas, para su Morada, para sus 
Consejos, y Sefiores, y toda la demas Gente, que llegaba a ser digna de su hospedage, 
y recibimiento, donde como su mi.«ma Persona Keal eran servidos, y acariciados . . ," 
also (Lib. IV, cap. L. p. 4.59). He also says of "Fasting Wolf," headchief of Tezcuco 
(Lib. II, cap. LIII. p. 167) : " no fue menos en el gasto de su Casa, asi pai-a su Persona, 
como ])ara hacer Hospicio ordinario a todos los que Servian en su Palacio, y otros 
muchos Seiiores, que comian en su Casa, cada Dia, . . ." Petrus Martyr of Anghiera 
(" De nouo Orhe," etc., Dec. HI, cap. X, pp. 231 and 232). Clavigero (Lib. VII. cap. 
XVI, p. 482), about Tezcuco. In regard to Mexico he is very positive (Lib. V, cap. HI, 
p. 304). Furtlier quotations are useless. I shall merely refer to the " Codex Mendoza" 
(plate LXX) and, lor the sake of analogy with the tribes of QQuiclie-stock in Guate- 
mala, to the " Popol Vuh" (p. 305): "Are qui cuchbal quib ri-oxib chi uim-ha u bi 
cacmal, chiri cut chi c'uqah-vi c'uquiya " 



673 

sisted in preparing and serving every day an extensive meal, of 
which not onl}^ all the members of the household, several hundreds 
in number, partook, but everj' one who, either on business or as 
an idler, happened to be on or about the premises. ^^3 it was the 
duty of the "chief of men" himself to open this rude clannish 
feast, 244 and it pertained to his office to represent the hospitality 
and dignity of the tribe on such occasions. Hence the peculiar 

That the delegates from foreign tribes were quartered at tlie " tecpan " is plainly 
stated by Snhagun (Lib. VIII, cap. XIX, p. 308): ■' Habia otra sola que se llamaba 
Coaoalli: en este lugar se aposentaban todos los seiioies forasteros, que eran amigos 

6 enemigos del seSor » ; i. Codice liamirez" (p. 75): •' Vinieron a estas fiestas 

hasta los propios enemigos de los Mexicanos, como eran los de Mic.hhuacan y los de la 
provincia de Tlaxcala, a los qu;des liizo aposentar el Rey y tratar como a su misma 
persona, y hazerles tan ricos miradores desde donde viessen las fiestas, como los 
snyos;" rurdn (Cap. XL, p. 317, cap, XLIII. p. 347): "Fasting child" of Tezcuco 
" aposcntandole en un lugar que ellos llaman Teccalli, que quiere decir, palacio Real." 

"Luego llegd el rey de Tacuba con todos sus princlpales y .senores ii quien no 

inenos lioni'a y cortesta se hizo que al de Tezcuco. poniendole en el niisnio palacio, 
junto a Ne<;aualpilli." Tlie delegates from TIaxoallan, Iluexotzinco, and Cholula were : 
"Llevados al palacio real, donde les tenian aparoj.ido un retraimiento oculto y 
escondido," and " fueron aposentados en el mismo lugar" those of JMichhuacan and 
others (pp. 3.50 and S.il), also (Cap. LIV, pp. 428 and 429, and LVIII, p. 4.59, etc.). These 
authors are also fully confirmeil by Tezozomoc (" Cronica," Cap. LXIY, pp. 106 and 
107; cap. LXVIir, p. Ill; cap. LXXXVI, p. 151), Ixtlilxochitl (" Histoire des Chichime- 
qiies,'' Cap. XXXVI, p. ^54, speaking of Tezcuco). Torquemada (Lib. XIV, cap. I, pp. 
534 and 535). The latter distinguishes between tlie "calpixca" and "el palacio," 
stating that delegates were quartered at the former. But since he himself (Lib. VI, 
cap. XXIV, p. 48) calls the ''tecpan" casa del comun" — a name given by him to the 
"calpix';a" — and we know from Sahagun (Lib. Vill. cap. XIX, p. 307) that the 
"calpixcacalli" was a hall of the " tecpan," there can be no doubt as to the fact, tliat 
the " tecpan " was also the place where delegates were received, lodged and fed, at the 
expense of the tribe. 

Wlien, in 1.537, the Bisliop Las Casas sent certain traders with full instructions and 
"implements for conversion," to tlie Indians of "Tuzulutlan" or of the " Tierra de 
Guerra" Fray Antonio de I'emesal (•' Historia de la Provincia de S. Vicente de Chyapa." 
etc., etc.. Lib. Ill, cap. XV, p. 135) : Y como en aquel tienipo no aula mesones ni casas 
de comunidad, todos los forasteros que llegauan al lugar acudian a pasar en casa del 
senor, que los vecebia huinanamcnte, hospedaua y daua de comer conforme la calidad 
de la persona, y el forastero reconocia el bien recibido, 6 que auia de reciljir, poniendo 
a los pies del senor algun presente conlorme a su posibilidad." Tlie traders, therefore, 
"took lodgings" at the official house, — the tecpan, — and staid tliere (as we may 
read p. 136 of the Friar's history) until they had pei'formed their work of opening the 
country to the preaching of the gospel. The comparison with Cortes, being also 
quartered at the " tecpan " of Mexico, is indeed striking. 

2^3 Descriptions of this meal are so abundant, that it is hardly woi-th while to refer 
to them in detail. I would only call particular attention to the statements of Cortes 
(•' Carta Segunda," Vedia I, p. 3.i), Bernal diez de Castillo (•• Hist, verdadera," etc., etc.. 
Cap. XCI, pp. S(i and 87, of Vedia II). Andres de Tdpia (" lieiacion sobre la Conquista de 
Mexico" Col. de Doc's II, p. .581). These statements, made by eye-witnesses, if viewed 
in their proper light and compared with those of .subsequent writers, fully corroborate 
the views of L. H. Morgan {^^Montezuma's Dinner'" in N. American lieview, 1876), that 
this meal w.as but an official communal one, given bj'the official household of the tribe, 
as part of its daily duties and obligations. 

2''* I cannot refrain here from recalling the description of the meal given to the Clan 
Mclvor by its chief '• Fergus Mclvor, Vich Ian Vohr," — so graphically pictured by Sir 



674 

earnestness of his manner which eye-witnesses have mistaken for 
the haughtiness of a tyrant. ^^^ 

These duties not only necessitated official residence at the 
" official house," but even permanent stay there, unless important 
business required the chief's absence. ^'^^ Such absence, however, 
could only be justified b}^ official duties, and then the " chief of 
men" had to appear with all the tokens and emblems of his 
rank.^^'^ If otherwise, he might indeed, go about, but he lost all 
claim to official recognition. ^48 Hence the statements are true 
in the main, however exaggerated in detail, that great decorum 
was observed towards the "chief of men" whenever he appeared 
in public, that he was addressed with marked deference, and that 
a certain pomp surrounded him on such occasions. ^'^^ These 
occasions were, of course, opportunities for the display of Indian 

Walter Scott in " Waverley." As to the part |)layed by the "chief of meu" see par- 
ticularly Bernal Diez (Cap. XCl. p. 86, Vedia II). 

245 This particularly earnest mien is noticed by all authors. It is strictly Indian, 
and found among the rudest tribes. 

246 Diirdn (Cap. XXVI, p. 214) : " Y asi, lo primero que se ordeno, fiie que los reyes 
nunca saliesen en publico, sino a cosas muy necesarias y forgosas." Coclice Ramirez 
(p. 7(5) : " De ordinario estaba retirado saliendo muy pocas vezes a vista del pueblo." 

247 Durdn (Cap. XXVI, p. 214), Sahagun (Lib. VIII, cap. X, p. 291). It is diiitinctly 
asserted by the former that, wliat he has called "corona real" could only be worn by 
the "chief of men" and the " snake- woman." This head-dress, very appropriately 
termed by the Spaniards, "half mitre" (" media mitra") is figured by many authors of 
native origin. See Codex Mendoza (plates II to XIV, also LXX), Durdn (Laminas 2 to 
14, also 16, is, to 21 etc.), Codice Ramirez (plates 4 and 5). It is called •' Xiuhuitzojli " 
by the Mexicans. See also Molina (Parte la, p. 30 and llw, p. 160) from "Xiuitl" 
turquoise or green stone, and is totally diflTercnt from the head-dress worn by the " chief 
of men" in the field. Compare ''Art of War" (p. 126). 

248 This explains the stories about the "incognito" ramblings of "Fasting Wolf" of 
Tezcuco, so frequently repeated after the Ixtlilxochitls, as well as that of the arrest 
of " Wrathy Chief" (the last Montezuma) for appropriating corn out of a field. The 
latter tale is beautifully told by H. H. Bancroft (Vol. II, pp. 451, 452) after the best 
authoi'ities. 

248 No author has been more prolific in pictures of pomp, regal wealth and magnifi- 
cence, than Bernal Diez de Castillo (" Historiii rerdadera," etc., etc.. Cap. LXXXVIII, 
XCl and XCII, etc.). Most of the later writers have placed undue reliance on his 
statements, assuming that the truthfulness with which he "gave vent" to his own 
individual feelings and impressions, was the result of cool, impassionate observation. 
Anyone who has read attentively (and not merely glanced over at random for the 
purpo.se of obtaining quotations) his protracted "Memoires," will become convinced 
that he is. in lact, one of the most unreliable eye-witnesses, as far as general principles 
are concerned. In everj' detail where his jiersonal feelings are not involved or by 
which, even at the late date when he wrote, they were not involuntarily aroused, he is 
much more trustworthy than when he takes special pride or pains to be very explicit. 
Thus, it is curious to compare his description of " Wrathy Chief's" reception of Cortes 
with that given Subsequently by the " Marquis del Valle " himself, (" Carta Segunda " 
Vedia I, p. 25). It was doubtlessly the greatest effort at pomp and display ever 
attempted by the Mexicans, since they went to meet and greet the most incom- 

Rkpout Peabody Museum, II. 43 



675 



finery, when a number of articles were used to deck the " chief 
of men" as his official insignia, but the custom of speaking to 



prehensible beings ever heard of by them. It is interesting to place both versions side 
by side. The translation is my ovi^n and 1 therelore beg for indulgence. 



Cortes. Second Bi'-patch. 

"At that place more than a tiioiisand 
principal people came to greet and to 
speak to me, all citizens of the said city, 
and all dressed alike and according to 
their custom veiy richly, and when they 
came to speak to me, every one of them 
made, before coming up, a particular 
ceremony, customaiy among them, which 
consisted in each one of them putting 
his hand on the ground, kissing it; and 
in this manner I waited almost an hour 
until each one had made his ceremony." 

" After we had passed that 

bridge, this lord Mnteczuma came to 
receive ns with about two hundred Lords, 
all barefooted and dressed in other livery 
or manner of clothing, also very rich 
after their custom, and more so than that 
of the others. They came in two pro- 
cessions, closely hngging the walls of the 
street which is very broad, fine, and 
straight, so that from one end of it the 
other end maj' be seen, and two-thirds of 
a league ('-legua'') in length, with very 
good buildings on both sides, dwellings 
as well as temples. And the said Mntec- 
zuma went in the middle of the street 
with two chiefs, one to his right and the 
other to his left. One of these was the 
same one who, as I said, had come to 
speak to me in the litter, and the other 
was the said Muteczuma's brother, lord 
of that citj' of Jztapalapa which I had 
left that day. All three were dressed 
alike, except Mnteczuma who wore soles 
to his feet, whereas the other two chiefs 
had none and supported him by his 
arms " 



Bernal Diez de Castillo. Cap. 88. 

" When we reached the place wliere 
another pathway (dyke) bianched off to 

Cuyoacan, many principals and 

caciques came, covered with very rich 
mantles, with ornaments and liveries, 
those of one cacique different from those 
of another, and the dykes were filled by 
them. These great caciques were sent 
by the great Montezuma ahead to receive 
us, and as they arrived before Cortes they 
bid us welcome, touching the ground and 
kissing it in token thereof." "Thus we 
were detained a good while, and from 
there the Cacamacan, chief of Tezcuco, 
and the chief of Iztapalapa, and the chief 
of Tacubii and the chief of Cuyoacan 
went forward to meet tlie great Monte- 
zuma who approached in a rich litter, 
accompanied by other great Lords and 
caciques holding vassals. And when we 
neared Mexico, where there weie other 
small towers, the great Montezuma de- 
scended from his litter, and these great 
caciques took liold of his arms, advancing 
with him under a marvellously rich can- 
oi)y of green ])lumes with large golden 
oi-naments, much silver, and pearls and 
stones of '• Chalchihuis " suspended from 
it as fringes, and very dazzling to the eye. 
The great Montezuma was very richly 
dressed after their custom, with cotaras 
on his feet (as they are called), with 
golden soles and much jewelry' over 
them. The four lords who came with him 
were also richly dressed, though not in 
the same manner as when they ha<l come 
out to receive us, — as if tliey changed 
dress on purpose under way. Hesides 
these Lords, there came other great caci- 
ques who bore the canopy over their 
heads, and other many Lords preceded 
the great Montezuma sweeping the ground 
before him and placing ropes for him to 
step upon. None of these Lords ventured 
to look him in the face, but all had their 
eyes cast down, except those of his rela- 
tives and nephews who supported him 
by the arms. 



8** 



676 

him with downcast ej^es was not so mnch a mark of particular 
respect, as a thoroughly Indian habit of sh}' suspicion, common 

A third eye-witness, Andres de Tdpia (" Helacion," etc., Col. de Doc's, II, p. 579), 
simply says : " The snid Miiteczuma went in tlie middle of the street, and all the rest 
of tlie people were along the walls, close to them, as such is their custom." 

The version of Bernal Diez is corroborated by Oviedo (" Hist, general" etc., Lib. 
XXXIII, cap. XLV, p. 500), from information derived by him of "some knights and 
soldiers who had taken part in the conquest of New Spain" (Title of Chapter XLV, p. 
491). But the old chronicler does not give the names of his informants. 

The same question recurs here, wliich we have alrea<ly discussed in regard to the 
flglits witli the Tlaxcalteca {-'Art of IFar," (i. 155, note 20:5), and here again we reach 
the same conclusion namely: that Bernal Diez de Castillo, ''bent upon recollecting 
personal inciilents, and, from his subaltern position" less al)le to see closely, in this 
instance, magnifies the importance of the action beyond the limits of truth. 

It is easily noticed, how mucli more sober, and therelore less pompous, are the 
statements of the Spanish commander and of his lieutenant, than those of the common 
soldiers, including Oviedo's anonymous informants. And it should be remembered 
that Cortes, who was the chief actor in the scene, certainly saw mo7-e of it and saw it 
far better than any of the others. Furthermore, at tlie time he wrote his report (tlie 30 of 
October, 1520, or only about one year after the date of the occurrence), Cortes had 
pel sonal and political motives to magnify and embellisli the picture. If his statements, 
therefore, fall far below those of his tioopei's in tlirilling and highly colored details, 
there is every reason to believe that they are the more reliable and trustworthy. 

Referring, therefore, to the description by Cortes, we lind, on the whole, nothing but 
a barbarous display common to other Indian celebrations of a similar character. 
Of the Blexicans themselves, a number of such receptions are related by aboriginal 
authors. I particularly refer to Tezozomoc (" Cronica." etc., Cap. XXVII, pp. 41 and 42). 
Upon tlie return of the Mexicans from their successful raid on Tecamaclialco and 
Tepeaca: '-the Mexicans were received in triumph, with horns, trumpets (?), flowers, 
and frankincense. The old men of the tribe, carrying censers and roses, stood in two 
rows on each side of the way, their hair tieil on the back of their heads witli strips of 
red leather, called cuauhtlalpiloni, with shields in their hands, rods — cuauhtopilli,— 
and rattles, in token of old age and of being fathers to such braves. Between them 
the Mexican troop had to pass,— and these are called cuacuacuiltzin.— taking in the 
middle the captains, and the prisoners which they had brought from the four pueblos ; " 
also (Cap. XXIX), though it is less explicit, about the return from the foray against the 
Huaxtecas; (Cap. XXXVIII p. 62), speaking of the return nom the foray against 
Huaxaca : " Tlien Moctezuma commanded to all the old men and to the principal Mexi- 
cans to go out and receive the returning warriors witli much mirth and joy. They met 
them in the road, and greeted tliem, incensing ihem with much copal, which is like 
unto myrrh, and a mark of great honor, token of triumph in war;" (Cap. XLIX, p. 
79): "At Mazatzintamalco (which has since become garden of the Marquis del Valle), 
the old men, Cuauhuehueques, and the Mexican council were arrayed in line to receive 
him, each one with his calabash-rattle, and armed with shields and macauas, wearing 
ichcahuipiles, and with the hair tied up on the back of the head with .straps of red 
leather. Along the road there were, at intervals, bowers and huts decked with roses, 
and the old men joined the procession which moved into Mexico-Tenuchtitlan, directly 
up to the temple of Huitzilopoehtli." This was wlien -'Face in the Water" returned 
from the raid against tlie Matlatzincas; — (Cap. LII, p. 85) when the same "chief 
of men" returned, beaten and defeated by the Tarasca of Michhuacan, the same 
reception was made to him. only with groans, and wails of grief and mourning; also 
(Cap. LVJII, p. 9G, Cap. LXII, p. 104, etc.. etc.). It follows from the above that the 
reception of Cortes and whatever barbarous display attended it, was strictly according 
to established custom. Similar receptions were made to trading companies returning 
with particular success. Sahagun (Lib. IX, cap. II, p. 3:59). -They went in pro- 
cession like two flies, one of priests and the other of chiefs, and they met them in 



677 

even now to much ruder tribes j^^** and the ornaments and peculiar 
garments, lilve tlie head-dress so ver}^ appropriatcl_y designated 
by the Spaniards as a " half-mitre," and other articles already 
described by us on a former occasion were not worn by him 
alone, as the " Cihuacoliuatl " enjoyed the same privilege. 25i 
This, and the burial-rites to which we cannot, here, refer in detail,^^^ 

the pueblo of Acachinanco," to tlie south of Mexico, in the fiirection of San Antonio 
Abad, saj'S Bustamante (note a). This was Avhile " Watei'-Rat " was '•chief of men." 
That the " cliief of men '' moved alone, or with a small escort only, in the midille of the 
street, is very natural. He wa.s the head of the ofticial household and the chief 
war-captain of tlie confederacy. His particular duty it was, therefore, to greet tlie 
strangers. On any ordinary occasion it would have been misplaced, and against all 
rules of Indian etiquette, for the chief-officers of a tribe to go ont to meet them ; but in 
this case, wavering between fear and curiosity, an exception was made. It is worthy 
of remark that even when the " chief of men " returned at the head of a victorious 
war-party, the "snake-woman'" is not mentioned as sallying forth to greet him in 
person. 

2^»Tliis custom of addressing people to whom some deference is due, has been 
noticed among numerous tribes of America. Among the Mexicans it was not at all 
an exclusive mark of deference towards the chief-officer. His interlocutors did not 
ook at Imn, neither did he look at them. See Bernal Diez (Cap. XCI, p. 8(5, Vedia If), 
Clavigero (Lib. VII, cap. XI. p. 470). The latter is particularly iir portant, although he 
but copies Torqtiemada (Lib. XIV. cap. I, p. 535) in the main. As far as other tribes 
are concerned, I but recall here tlie Peruvian "Inca." See Francisco de Jerez (" Verda- 
dera Relaclon de la Conqvista del Peru y Provinciri del Ciizco llamadala Niieva Castilla," 
etc.. etc., in Vedia, Vol. II, p. 3.31), when Hernando Pizarro met Atahuallpa lor the 
flrst time : " los ojos puestos en tierra, sin los alzar a mirar a ninguna parte.'- Of the 
Indians of the gulf states of North America, it, is saiil by James Adair {'■'■History of 

the American Indiaiis," ii. i): '• Tliej- are timorous, and consequentlj' cautions, 

e.xceedingly modest in their behaviour." See also on the Northern Indians, LosJciel 
(" Geschichte der 3fission der evangelischen Brtuler," Barby 1789, pp. 17 and IS). It 
would be superfluous to add further quotations. 

2»i Durdn (Cap. XXVI, p. 215, cap. XLIV, p. 357). Tezozomoc (Cap. XXXVI, p. .57, 
cap. LXIX, p. 115. etc.). Durdn (Lamina S, Trat 1°). 

2''- That the burial of the " Cihuacoliuatl " took place after the same manner as that 
of the " Tlaca-tecuhtli," is proven by the " C'odice Ramirez " (p. 67) : "Hizieronse obse- 
quias solemnisinias y un enterramiento mas sumptuoso que el de los Reyes pasados, 
porque todos lo tenian por el aniparo, y muro fuerte del gran imyierio JNIexieano." 
Durdn (Cap. XLVIII, pp. 381 and 382): ''el qual despues de niuerto, su cuerpo fue 
quemado y sus cenigas enterradas junto a los sepulcros de los Reyes, haciendole las 
osequias conforme a persona tal se deuian, de la mesma maneia que a los reyes se 
hacian y sus grande(;as pedian." Acosta (Lib. VII, cap. XVIII, p. 49(5): "le hicieron 
exequias los Mexicanos, con mas aparato y demostracion que a ningnno de los Reyes 
auian hecho." 

In connection with the burial rites it may be in place, here, to refer to a custom 
easily interpreted in favor of the assumption, that the " Tlaca-tecuhtli " was a monarch. 
It is the carving, in the live rock at Chapultepec near Mexico, of human shapes com- 
memorative (or at least said to be) of each of these officers, cowards the close of each 
one's lifetime. There can be no doubt as to the existence of such carvings. The last of 
hem, representing " Wrathy chief,"was seen by Don Antonio de Leon y Gama (" Descrip- 
cion Historica y Cronologica de las dos Piedras que con ocasion del Nuevo Kmpedrado que 
se esta formando en la Plaza principal de Mexico, se hallaron en ella el ATio de 1790," 
Segunda Edicion; 1832, Paite Segunda, pp. 80 and 81), as late as 1753 or 1754. when it 
was destroyed ("picada") by order of the authorities. Another figure, intended for 



678 

again establishes the equality in rank of both officers, and it also 
dispels the notions of royal etiquette and magnificence with which, 
more particularly, the figure of" Wrathy chief" (Montezuma) has 
been surrounded in history. 

The " chief of men" as head of the official household needed 
many assistants and subordinates. He required stewards for the 
care of the stores and their daily apportionment.s^s Especially 
did he need runners for the delivery of his messages. Such 
officers could be chosen by him and thus far, but no farther, did 
he enjoy the right of appoiuting subordinates. ^54 But the appoint- 
ment to a certain duty by the '' chief of men," did not confer any 
hereditary rank or office. On the contrary, it is even probable 
that most of these posts were filled by outcasts, since this was, 
properl}^, the group from which the inferior servants for the 
transaction of tribal business could be selected without disturbing 
the balance of power between the kins. 

The " Tecpan " being, as we have already- stated, the " house of 
the communit}'," that is the place where the business of the entire 
social cluster (as far as the tribe could represent it) was trans- 
acted, and, furthermore, it being proven that tlie same "tecpan" 

" Face in the Water." existed a few years previous to that date. According to Seiior Don 
J. F. Ramirez {•' Durdn." p. 2.51, note 1 to Cap. XXXI), disfigured remnants, among 
■vvliicli the sign "1 cane" (ce-acatl) is plainly visible, can yet be noticed in the rock 
at Chapullepec on the eastern side of that celel)rated hill or isolated bluff. 

Now it is equally certain, that such carvings were not only commemorative of the 
"Tlaca-Teculitli," but also of the " Cihuacohuatl." See Durdn fCap. XXXI, pp. 250, 
251). A somewhat different version, is given by Tezozomoc (" Cronica" Cap. XL, p. 
65). It is remarkable, however, that comparatively little importance was attached to 
those funeral monuments. The place of Chapulteiiec itself, a very striking and con- 
spicuous object and one with which many reminiscences were connected, was viewed 
as an object of -'medicine." Torquemnda (Lib. Ill, cap. XXVI, p. 303). That par- 
ticular attention should be paid to the remains of an officer of high rank is very 
natural. It is found among the Iroquois, L. H. Morgan (^^Ancient Society." Part II, 
Cap. Ill, pp. 95 and 9(;, also, '^'American aboriginal Arcldtectnre" in Johnson's Ci/rlo- 
pedict). It would be useless to dwell further on the subject since it will be fully 
treated of in one of my subsequent monographs. 

263 It is not devoid of interest to notice, that this official household, in full " blast," 
appears only after the formation of the conlederacy. Codice Jiamirez (p. 65): " Puso 
assi mismo este Hey por consejo y industria del sabio Tlacaellel en muygran concierto 
6U casa y corte, poniendo oflci;iles que le Servian de mayordomos, masetrsalas. por- 

teros, coperos, pajes y lacayos, los quales eran sin mimero " This is not only 

confirmed by Durdn <Cap. XXVl). T(zozomoc (Cap. XXXV and XXXVl), but eveu by 
Torquemada (Lib. II, cap. LIV, p. 169). 

-'■^This can easily be inferred fi-oni tlie fact, already established, that all the other 
kinds of officers of anythhig like important rank, were elected and not appointed. See 
also the passage, already ijuotctl elsewhere, of Durdn (Cap. LXIV, p. 498), which is 
very interesting in a general way. 



679 

was also the regular seat and place of office of the highest author- 
ity or " tribal council," it follows that peculiar and distinct rela- 
tions must have existed between that council and the officer, whose 
duty it was to dwell at this same house. These relations are 
explained to us, partl}^, by the statement tliat the "chief of men" 
was placed there as a watchman, to guard tribal Interests in the 
midst of confederate business. ^^^ He was to be present, day and 
night, at this abode which was the centre wherein converged the 
threads of information brought b}' traders, gatlierei's of tribute, 
scouts and spies, as well as of all messages sent to, or received 
from neighboring, friendl3^ or hostile tribes. Every such message 
came directly to the "chief of men," whose duty it was, before 
acting, to transmit its import to the " Cihuacohuatl," and through 
him to call together the "Tlatocan.^^^ Thus the "chief of men" 
occupied an intermediate position between the confederacy and 
the tribe. He might, ex-offlcio be present at the deliberations of 
the council, but that presence wa^ not obligatory ; and no decisive 
or commanding voice and vote was allowed him, beyond the 
weight that his reasoning and personal consideration for his merits 
and experience might carry. 

Whenever any conclusion was reached, it became the "chief of 
men's" duty to provide for its execution. Thus, if traders re- 
turned illtreated, beaten, and bruised, and the Mexican council 
clamored for revenge, he sent his runners to the confederate tribes, 
calling upon them for assistance, as the contract authorized the 
Mexicans to do. Sometimes these messengers were chiefs, selected 
by the council itself.^^''' The result of their mission was reported 

^BBAn attentive perusal of Saliagun (Lib. VI, cap. X) will convince the reader of 
the truth of tliis statement. See also Durdn (Cap. XLI, p. 328; cap. Lll, pp. 414 and 
415) and Tezozomoc (Cap. LVI. p. 92; cap. LXI. pp. 100 and 101; cap. LXXXII, p. 144). 

"^ni Durdn (Cap. XII, p. 109): "Vuelto a Tlacacllel, le niando avisase a los de su 
consejo que ablasen. . . ." also (Cap. XVI, pp. 1S2, 134 and 138; cap. XXI, p. 182; cap. 
XL, p. 31(J; cap. XLI, p. ;330; cap. LIII, p. 419, etc., etc.). '' CocHce llamircs," (p. m). 
Tezozomoc (Cap. XXI, p. 33; cap. XXXVIII, p. CO; cap. XL, p. (i5; cap. XLII, p. G9; 
cap. LVII, p. 93; cap. LXVIII, p. 114, etc.). Hesides, it must be inferred Irom tlie fact, 
already proven, that the " Cihuacohuatl" Avas tlie "foreman " of tlie council. In this 
capacit}', it was to him that the •' chief of men " had lo communicate all business to be 
submitted to the council. 

=157 111 stances of that liind are found profusely noticed in the specifically Mexican 
chronicles. Extensive quotations would become too Icnglhy, I therefore limit myself 
to mei-e indications, leaving tlie reader to consult the autliors in que^tii n. Tezozomoc 
(Cronica," Cap. XXVII, p. 40, cap. XXVIll, p. 42, cap. XXXI, pp. 48 and 49, cap. 
XXXIV, p. 54, cap. XXXVII, p. 59, caji. LXXV, pp. 127 and 128, cap. LXXXVIII, p. 1.54, 
cap. LXXXIX, and XC, pp. 157 and 158). Durdn (Cap. XVIll, \>\). 15iJ and 157, cap. 
XIX, pp. 165 and 166, cap, XXI, p. 182, cap. XXII, p. 18), cap. XXIV, p. 201, etc., etc) 



680 

back to the "chief of men."^^^ In case delegates arrived from 
other tribes, tliey had to be provided with lodgings. The " tecpan " 
was the place reserved for that purpose, and there they were ac- 
cordingl}' quartered. They, conseqnentl^y, first came into contact 
■with the " chief of men," who was, officially, "mine host" for 
them, and who acted as intermediate between them and the su- 
preme tribal authorities. ^^^ 

No more striking illustrations of the foregoing can be found 
than the reception, by the Mexicans, of Cortes and his troops, at 
the pueblo of Tenuchtitlan. Tiie house where the Spaniards were 
quartered was the " tecpan " or official house of the tribe, vacated 
by the otHcial household for that purpose. ^^o j^ sallying forth to 

In adilitioii to tliese authorities I add in a general way, Torquemada (Lib. XIV, cap. 
II, p. 5:i7). This autlior has evidently eitlier copied from, or at least used tlie same 
sources as Frtiy Oeroniino de Mendieta (Lib. II, cap. XXVI, p. 129). My learned and 
highly estecmei I tViend, Sr. Jcazbalccta, ascribes to the statements of both authors '"a 
common oi-igin" i.e. " Tabia de Correspondeiicias," (p 3S). This common source, 
however, is found in Zurita (" Rapport,'^ etc., pp. 118 and 119). F)om whom lie, in 
turn, derived his information, has not as yet been ascertained. 

258 See tlie antliors quoted above. Also Clarigero (Lib. VII, cap. XXV, p. 502). 

258 This follows from the facts already proven in regard to the duties of the " chief 
of men" as head of the official household. 1 would particularly refer to Tczozomoc 
(•' Cronica," Cap. XCVIl, pp. 172 and 173). 

260" Codice Ramirez'" (p. 87) ; •' y con esto el gran Motecnczuma, por el nii.^mo orden 
que vino se volvio con el capitan Don Hernando Cortes, al qual y a los siiyos niando 
que aposontassen en las ca.'^as reales, donde se les dio muy buen recaudo a cada uno, 

segun las calidades de las diversas gentes que iban con el capitan El dia 

siguiente el capitan Don Heinando Cortes hizo juntarS Motecuczuma, etc., etc 

en una pieza que en lacasa habia muy a proposito para esto." . . . . ; (p. 88) : •' Porque 
acabada de hazer esta platica el buen cai)itan Don Hernando Cortes, los soldadoa 
saquearon l;is casas I'eales, y las demas principales donde sentian que habia riquezaa 

En este tiempo recelandose el Marquis no resultasse desto algun incon- 

veniente prendio al gran Rey Motecuczuma, poniendole con grillos, y a buen recaudo 
en las casas reales junto li su misrao aposento .... ;" (p. 8'J): " comenzaron a pelear 
con los espaiioles con tal fuvia que los hizieron I'etraeralas casas reales donde estaban 
aposentados." Tins is plain enough. It is commonly stated tliat the Spaniards were 
quartered at a great house belonging formerly to •' Wralhy Cliief's" father, ■' Face in 
the Water." Tlie anonymous '' Fragmento Aq. 2" (p. 139) has tlie following: "apar- 
tando la gente hasta (pie llegaron al palacio Ileal que habia sido de su padre de 
IMotecuzuma Axayacatzin, y eiitrando en una gran sala en donde tenia Motecnzuma 
su estado, se sento y a su derecha maiio a Cortes, y hizo senas Cacama que se apar- 
tasen todos y diesen 6rden en aposentar los cri^tianos y amigos que traian en aquellos 

grandes palacios " This anonymous fragment is evidently of Tezcucan origin. 

Sahagun (Lib. XII. cap. XVJ, p. 21) : -'Luego I). Hernando Cortes tonio por la maiio 
a Moctliecnzuma, y se fiieroii ambos juntos a la par )iara las casas reales;" (i aj). 
XVII, p.2.")): "De que los Espanoles llegaron a las casas reales con JMocthecuzoma, 
luego le detuvieron consigo;" (Cap XXI, p. 28): "Comocomenzo la guerra entre los 
Indios y las Espanoles, estos se fortalccieron en las casas reales con el misino Moc- 

tliecuzoma " (Id. p. 29, Cap. XXIII, p. 31, etc., etc.). These statements are very 

positive, and the less sus))icious, since they represent traditions from three ditferent 
sources, all evidently furnished by eye-witnesses, namely: Mexican ("Cod. Ramirez"), 



681 

greet the newcomei's at the dyke, "Wrathy chief " acted simply, as 
the representative of the tribal hospitality-, extending unusual 

Tescucan (Fragment No. 2) anii Tlatilulcnii (Sahagun). The statements bj' Spanish eye- 
witnesses are of (lonbtliil authority in this case, since none of tliem linew, or could 
know anything positive; and tlie pueblo was subsequently, so uttei'ly destroyed that 
even its site could hardly be recognized. Nevertheless, the '' old aud new palaces of 
Montezuma " have become houseliold words. 

It is, nevertheless, interesting to compare the reports of eye-witnesses with the above 
quotations from aboriginal sources. Cortds {•'Carta Segunda," Vedia I, (p. 2.'i) : ''y 
torno a seguir por 6 la calle en la forma ya dicha, fasta llegar a una mny grande y 
liermosa casa, que el tenia para nos aposentar, bien aderezada." Tlie house wliere 
" Wrathy Chief " stiud with his household, appears to have been some distance fiom 
the Spanish quarters, since we read (p. '27) : '• dejando buen recando en las encrucijadas 
de las calles'' — thus showing that crossings intervened. The following, however, is 
very plain, if not decisive ("Carta Tercera," p. 76): "E porque lo siutiesen mas, 
este dia lice poner fuego a estas casas grandes de la plaza, donde la otra vez que nos 
echaion de la ciudad, los espanoles j' yo estabamos aposentados; que eran tan 
grandes, que un i)rincipe con niiis de seiscientas personas de su casa y servicio se 
podian aposeatar en ellas; y otras que estaban junto a ellas, que aunquc algo menores 
eran mny mas frescas y gentiles, y tenia en elliis Muteczuma todos los linajes de aves 
que en estas partes habia." This remark about the " principe con mas de seiscientas 
personas de su casa y servicio" evidenth^ agrees with his previous statement concern- 
ing the houseliold of " Wrathy Chief" {''Carta Segunda," p. 'So): '• l>a manera de su 
servicio era que todos los dias luego en amaneciendo eran en su casa de seiscicntos 

seriores y pi-rsonas principales, los cuales se sentaban Y los servidores 

destos, y personas de quien se acompanabnn henchian dos o tres grandes patios, y la 
calle . . . ." Consequently, Cortes himself idainly confirms the native authors above 
quoted. Andrea de Tdpia ('• iieZwciom," etc., p. 579) : "ehizo aposentar al marques en 
iin patio donde era la recamara de los idolos, e en este patio li.ibie .■-alas a.'-az giandes 
donde cupieron toda la gente del diclio marques e muchos indios de los de Tascala e 
Churula que so habien llegado a los espaiioles para los servir." This eye-witness, 
therefore, docs not mention either of the two " houses of Montezuma." The fatlier of 
the tale is lound in Bermd Dies de Castillo (Vedia II, Cap. LXXXVIII, p. Si): "E 
volvamos a nue:^tra entrada en Ble.xico. que nos llevaron a aposentar a unas grandes 
casas, donde habia aposentos para todos nosotros, que habian sido de su pa<ire del 
gran Montezuma, que se decia Axayaca, adonde en aquella sazon tenia el gran 
Montezuma sus grandes adoratorios de Idolos " 

Thus Cortes, who is the principal eye-witness in the case, unmistakably states that 
the S|)aniards were quartered at the '• tecpan." Of the other two conquerors, only tlie 
last mentions the Spanish quarters as being the "house of Montezuma's father," 
whereas Tapia is silent on the subject. Taken in connection with the assertions of the 
native writers, the statements of Cortes become of great weight. 

It is but natural to expect (and the fact needs no proof) that the subsequent writers 
have followed either one or tlie other of the two versions. Alier having transcribed 
the letters of Cortes, Oviedo (Mb. XXXIII, cap. XLV, p.oUO) mentions also: "ai)ossent6 
ael e a los chripstianos, en unas casas que avian seydo de sii padre," which statement 
he gathers from other conquerors (p. 4i)4) whose names he fails to give; (Caj). XLVII, 
p. .507) he calls the said house "la morada de su abuelo." I forbear further abstracts. 

Fortunately an official document of early date informs us of the exact situation of 
tljese two buildings. It is the '• Merced a. Hernan Cortes de Tierras inmediatas d Ml'mco, 
y Solares en la Ciudad" (Col. de Doc's Icazbalceta, Vol. H, i)p. 28 and 29). It bears 
date, Barcelona, 2:i July, 1.529, and conveys to Cortes ; *' los solares e casas son la casa 
niieva que era de Montezuma, que alinda por la una parte con la plaza mayor e la 
calle de Iztapalapa, e por la otra la calle de Pero Gonzalez de Truxillo. e de Martin, 
Lopez, carpintero; e por la otra la calle en donde estan las casas de Juan Uodriguez 
albariil; e por la otra la calle piiblica que pasa por las espaldas : h la casa vieja que era 



682 

courtesies to nnnsnal, m3'stei'ious, and therefore dreaded guests. 
Leaving these in possession of the " tecpan," he retired to another 
of the large communal buildings surrounding the central square, 
where the official business was, meanwhile, transacted. ^^^ His 
return to the Spanish quarters, even if compulsor}^ had less in it 
to strike the natives than is commonly believed. It was a re- 
installation in old quarters, and therefore the " Tlatocan," itself, 
felt no hesitancj' in meeting there again, until the real nature of 
the dangerous visitors was ascertained, when the council gradually 
withdrew from the snare, leaving the unfortunate "chief of men" 
in Spanish hands. ^"^^ 

We have qiialilied the position of the " Tlacatecuhtli" towards 
the council as intermediate between tribe and confederacy. In 
the latter bod}', he was but the general-in-chief and had no other 
duties or power. ^^^ Therefore, when Cortes seized the head-chief 
of Tezcuco, " Wrathy chief" had no authority to assure the Span- 
iards, although they called upon him for that purpose.^'^'* He ex- 

rle Montezuma, rtonde vivis, que alinrla por la fronteva con la plaza mayor e solaves de 
la iglesia, y la plaeeta; por un lado la calle nueva de Tacuba, e por otro la calle que va 
de la i)l:iza mayor 5 S. Francisco; por las espaldas la calle doiide estan las casas de 
Rodrigo llangel, e de I'ero Sanchez Farl'an, e de Fi-aiicisco de Terrazns, e de Zamudio." 

From these data it is easy to recogni/,e in tlie present National Palace the site of the 
so-called •' new houses of Montezuma," and in the buildings facing the "Empedradillo " 
tlie "Old houses." Both faced the central square ot the pueblo. 

The so-called "old liouses" were also immeduUely in front of the central ''house 
of God." It is said by Tezozomoc (Cap. LXX, p. 117): '-Este temijlo y cerro estaba 
puesto adonde fueron las casas de Alonzo de Avila y Don Luis de CahtlUa, hasta las 
casas de Antonio de la Mota, en cuadro." Now according to Icazbalcetn ("Los tres 
Dialogos," etc , notes to Sec'd Dialogue, p, 218): " La casa de Alonzo de Avila estaba 
en la Irt calle del Heli>j, esquina ft la de Sta Teresa la Antigua." Consequently the 
'•old bouses " were indeed those which Beriial Diez mentions as "where Montezuma 
at that time had bis great adoratories." Now these '-old houses" were, as we have 
seen, the "tecpan" or official house of the Mexican tribe. This again fully sustains 
our proposition tliat the Spaniards were quartered there, and that the official household 
had vacated it for that purpose. 

2(51 This fully explains the designation by, " New houses of Montezuma" mentioned 
in the preceding note. 

'^'i'^That the council met at tlie Spanish quarters, is plainly stated by Bernal Diez de 
Castillo (Cap. XCV, pp. 95 and 90, Cap. XCVIL p. 98). Oriedo (Lib. XXXIII, cap. 
XLVII, p. 509). That the members of the council gradually withdrew, is equally 
certain, from the fact that a successor to "Wrathy Chief" was elected, while the 
latter was still alive and a captive of the Spaniards. 

2C3 Lurun (Cap. XLIII, p. U~). Zurita {•' llapport,'" etc., p. 11): " Le souverain de 
Mexico avait au dessous de lui ceu.\ de Tacuba et de Tezcuco pour les affaires c^il 
avaient rapport a, la guerre; quantatoutes les auti'es, leurs puissances etaient egales, 
de sorte que I'un d'eu.x ne sc mSlait jamais du gouvernement des autres;" Id. (pp. 93 
and 95). Mendieta (Lib. II, cap. XXXVII, p. 15Gj. Herrera iDec. Ill, lib. IV. cap. XV, 
p. 1:^3). The two latter authors evidently have followed Zurita. See also note 4. 

s^^^See note 4. Fragmeiito xVo. 2, in •' Bihlioteca Mexicana" (pp. 142 and 143). 



683 

ercisecl no command over the other tribes except in the field. 
Still, his position, as confederate leader, was important enough to 
make the right to invest him with that dignity one of the condi- 
tions of the agreement nnder which the confederacy was formed. 
Hence the two head-chiefs of Tezciico and Tlacopan are frequently 
mentioned as " electors" of the " chief of men." But their pres- 
ence at the inauguration of eveiy new officer of that rank did not 
imply the right to control his election."*'^ It was a mere act of 
courtesy which the Mexicans returned, as often as their associates 
performed the same ceremony ,^*56 with this difference, however, 
that in the case of the Mexican chieftain, the two confederates 
appeared personally as being thereafter his military subordinates. 

The military organization of the ancient Mexicans has already 
been described elsewhere, ^^^ and, so far, we have nothing to add 
to that picture. In it, as well as in social organization, the kin 
formed the basis, and since we have found, in .the autonomous 
kin, that the military chieftains were the officers of justice, we 
are justified in looking for the officers of tribal justice among 
the chiefs of highest grade in the tribal forces. The " Cihuaco- 
huatl" as ex-officio war-chief of the tribe could not, as we have 
already seen, officiate in that capacity ; but the " chief of men " was 
very distinctly clothed with the power to punish, even to such an 
extent as to impart to it the character of arbitrariness and des- 
potism. If, however, we examine closely the instances reported, 
they appear to limit themselves : — 

1, To cases of insubordination, unfaithfulness, or treachery 
within the official household •.'^^'^ 

2G5" Tenure of Lands" (p. 417). Zurita (" Rapport," etc., p. 15): " Si le souverain de 
Mexico mouvait sans hei-itier. les i)rincipaux chefs lui clioisissaient iin successeur donfc 
relection etait eonflvmee pai' les chefs superieuvs de Tezcoco et Tacuba." '• Codice 
Eumires" (pp. 6G, 67 and 7'2). Tlie chiefs, of Tezcuco and Thicopan, are mentioned as 
" electors," but stress is placed only on the fact, that they " croivned the King.'' This 
evidently means investiture only. Sahagun (Lib. VIII, cap, XXX, XXXI, XXXII, 
XXXIII and XXXIV). Allliongh vei'y full of details, he plainly avoids mentioning the 
chiefs of Tezcuco and Tlacopan as taking part in the election (p. 318). Duran (Cap. 
XXXII. p. 2.55, XXXIX, pp. 302 and 303, Cap. XLI, p. 3-25). 

^^li Zurita (p. 16). Gomara {'• Conquista de Mexico," Vedia I, p. 435). Tesosomoc 
(Cap. CI, p. 179). 

2G7 -'Art of War and Mode of Warfare of the Ancient Mexicans," 10th Report Peabody 
Museum, 1877. 

2iie xherelore the recommendation, by the '■ Cihuacohuatl," to the newly appointed 
servants and runners in the official household: -'and behold that, where you enter, 
there are many valuable women, and also slaves, watch that you do not go astray, for 

at once you will be destroyed without the knowledge of any living soul " 

Tezozovioc (Cap. LXXXIII, p. 146). It is evident that the " chief of men" had, in such 
9* 



684 

2. To cases of military insubordination, or treachery : ^69 

3. To instances of great importance, demanding sudden action 
in order to avoid public danger.^^*' 

cases, the right of summary punishment, as well as in the case of unfaithful stewards 
or disobedient subordinates in general. Compare, on the same subject, Durdn (Cap. 
LIII. pp. 419 and 420). The fact, that the •' Cihuacohuatl" spoke to the young men, 
further sliows that the exercise of such extreme power was known to, and sanctioned 
by, the council. 

2^5 Quotations are useless, the necessity for such a power being too plain. But it is 
well, here, to state that among much ruder tribes even, and where the democratie 
element was carried to its greatest extremes, arbitrary punishment by war-captains 
sometimes occurred. Thus it is asserted that, at the bloody engagement of Point 
Pleasant, Va.. 10 of October, 1774, "Cornstalk," the great Shawnee war-chief, toma- 
hawked one near him who had "by trepidation and reluctance to proceed to the 
charge, evinced a dastardly disposition." Alex S. Withers (" Chronicles of Border 
Warfare,'^ Ctiap. VII, p. 1-29). It explains also the summary punishment of traitors 
and deserters, as well as of those who assumed the dress of the prominent war-chiefs 
during a raid or an engagement. 

270 The incarceration of runners or messengers may be (and has been to me in 
conversation by an aged friend) brought up in proof of the belief, that the "chief of 
men" had a despotic power. Instances of that kind are related by Tezozomoc (Cap. 
CVI, p. 189). This is the truly admirable description of the first news brought to 
Mexico of the approach of Euroi)ean ships. It is too lengthy to be Inserted here. A 
runner from tlie coast carried the news, and " Wrathy Chief" said to Petlacalcatl, take 
him to the cell made of logs (probably split logs, " tablon ") and look after him. This 
was done to keep the news secret until the matter conld be investigated, and was, 
therefore, a preliminary measure of policy. But, aside from the fact that the isolation 
rather than incarceration (since the latter would have been death) of a news-carrier 
w^as a matter of policy, and as such a duty of the " chief of men," it was also an estab- 
lished custom among the Mexicans. This is stated by Sahagim (Lib. VllI, cap. XXXVII, 
pp. 3-27 and 328) : " Habiendo cautivado a alguno, luego los mensageros que se llamaban 
tequipantitlanti, venian it dar las nuevas al rey de aquellos que habian cautivado a 

sus eneniigos, y de la victoria que habian obtenido los de su parte y el 

senor los respondia diciendoles: "Seals muy bien venidos, huelgome de oir esas 
nuevas, sentad y esperad, porqne me quiero certificar mas de ellas, y a^i los mandaba 
guardar, y si hallaba que aquellas nuevas eran mentirosas, liacialos matar." Torque- 
viada (Lib. XIV, cap. I, p. 536): "y que no le dejasen salir de Palacio hasta tener 
segundo Correo, que conflimase aquella buena nueva, que el havia traido. Vetancurt 
(" Teatro," Parte IIw, Trat. 11°, cap. II, p. 381), almost a textual copy of the preceding 
author, as might be expected. 

Among the many tales of prodigies, supernatural warnings, witchcraft, etc., etc., 
connected with the months and years immediately preceding the arrival of the 
Spaniards in Mexico, there is, also, one bearing a particularly pure Indian character. 
See Durdn (Cap. LXVIII, pp. 524-530). Tezozomoc (Cap. CVI, p. 188 and 189). " Wrathy 
Chief," alarmed by mysterious prognostics, called upon all tlie old men, women, and 
the medicine-men, to report what they might dream or had dreamt within a certain 
lapse of time. II, is well known what high value is attached by the Indians in general 
to dreams. There can be no doubt tliat, with the prevailing notion that dreams con- 
tained important and solemn premonitions, warnings from a higher source (So/trtf/M^j 
Lib. V), the request to communicate such dreams for the benefit of the tribe, to the 
"chief of men," was very natural. According to Motolinia (" Hi^t. de los Indios de la 
Nuei-a- Espaiia," Col. de Doc, Trat. II, cap. VIII, p. 130), certain men were particularly 
expert in explaining and interpreting dreams, so much so, that they were generally 
applied to for such purposes. If now, as the story in question has it, the said people 
•refused to comply with such requests, the " chief of men " might, of his own accord 



685 

The powei- to appoint, which the " chief of men " enjoyed within 
the limits of the official household, implied, to the same extent, the 
power to remove and to punish. It was not even necessaiy to 
refer such cases to the action of the council. 

In punishing summarily acts of insubordination, or of treachery, 
when committed during warfare, the "chief of men" acted as 
commander-in-chief and in istrict compliance with the duties of 
that office. 

Lastly, a certain amount of discretionary power was necessarily 
vested in the chief commander for the public good. Placed at the 
" tecpan" to "watch, guard and protect" the tribe and the confed- 
eracy, it was necessary to empower the "• Tlacatecuhtlli" in cases 
of great urgency, to act "on the spur of the moment." It was not 
a privilege of royalty or a despotic right, but an obligation result- 
ing from the nature of the office. 

Consequently the " chief of men " was not, properly, the execu- 
tioner of tribal justice either. This duty devolved upon other 
war-chiefs of lower rank, who, although superior in command to 
the leaders of the kins, when on the war-path, never otherwise in- 
terfered with the duties of the latter, an}^ more than tribal jurisdic- 
tion conflicted with that of the autonomous kins. These chiefs 
were the "four leaders of the four great quarters of Mexico Te- 
nuchtitlan,"27i or, as we have already intimated, of the four 
phratries into which the twenty kins had again agglomerated for 
religious and militarj^ purposes. These four " great quarters," 
named respectively, " Moj'otlan," " Teopan," "Aztacalco" and 
" Cuepopan, "~'^=^ were not, as the current notion has it, so many 
governmental subsections, or wards of aboriginal Mexico. Shells 

even treat them as traitors, and secure their persons to prevent injury to the public 
cause. All this, of course, provided the story be true I 

The cases where secrecy is enjoined under i)enalty of death, are so plain that no 
illustration is needed. The "chief of men" had the right, in preparing general 
business, to give secret orders, to detail particular persons on secret missions. Anyone 
divulging the secrets entrusted to him, committed an act of treason, and therefore it 
was necessary that he should be chastised on the spot and on the spur of the moment, 
to obviate further mischief. 

"i"^r< of War" (pp. 120. ]'21 and 123, especially notes 97, 99 and 101). • 
2'- The Ibrmation of these geogTai)hical circumscriptions I have already explained. 
The names can, in part, be etymologized. They are respectively: "Moyotlan" or 
place of the mosquito, from " moyotl," mosquito {Molina II. p. 5S) ; "Teopan" or 
place of God, from "Teotl," God; "Aztacalco," "place of the house of the heron," 
from "Aztatl," heron {Molina I, p. 65 and II, p. 10), and " calli," house; " Cuepopan " 
or " place of the dyke," from " cuepotli," dyke {Molina I, p. 23, II, p. 26). All of which 
are, respectfully, submitted. 



686 

of as many original kins, common worship, perliaps, and common 
leadership in battle, were all that remained of the former organic 
cluster.2'^3 Rites of worship, as practised by a phratry, it is not 
the place here to investigate, and the position and functions of the 
phratry in warfare have already been discussed hj us. The office 
of tribal executioners of justice, however, vested in the " four 
leaders " of the four phratries, deserves particular attention here. 
The names of the four war-captains or rather their official titles, 
are: "man of the house of darts" (Tlacochcalcatl), "cutter of 
men" (Tlacatecatl), " bloodshedder " (Ezhuahuacatl), and "chief 
of the Eagle and prickly pear" (Ciiauhnochtecuhtli). These 
officers ar6 first noticed in the begnning of the fifteenth century, 
at the time the confederacy was formed.'^''''* They appear as imme- 
diate adjuncts or assistants — military lieutenants as it were — 
to the "chief of men" then promoted to the position of confed- 
erate commander, as well as of the " Cihuacohuatl." -^^ Their 

-'SThese four geographical clusters, each comprising a certain number of original 
kins or calpulli, became known subsequently as the four Indian wards of Mexico, 
named respectively, San Juau (JMoyotlan), San Pablo (Teopan), San Sebastian (Azta- 
calco), Santa Maria (Cuepopan). Teznzonwc (Cap. LIX, p. 98), J'etancui-t (" Crunica," 
etc., p. 124), Durdn (Cap. V, p. 42). Tliat each of them comprised a certain number of 
kins has already been stated. The four chiefs are often mentioned as ''councillors;" 
but their very position as immediate assistants to the " cliief of men," is clearly 
established by the '^ Codice Ramirez" (pp. .'57 and 58). which agrees with Durdn 
(Cap. XI, p. 108) and also by Saliagun (Lib. XXX, p. 318): "Elegido el senor, luego 
elegian otros cuatro que ei-au como senadores que siempre habian de estar al lado 
de el, y entender en todos los negocios graves del reino," . . . This makes it evident 
tliat they must have been war-chiefs, and not representatives, in the supreme council, 
of an administrative circumscription superior to the "calpulli" — "barrio" or lo- 
calized kindred group. The four "main quarters" therefore formed militanj hOi\\&s 
only, and tliis follows plainly from the detailed descriptions of warfare, so profusely 
given in the chronicles of Tezozomoc. The truth of this fact has been felt, though 
not fully understood, by Clavigero (Lib. VII, cap. VII, pp. 494 and 49.0) where he hints at 
the four chiefs (under various names) as so many "classes of generals." These four 
superior war-captains are, besides, found also in Michhuacan, " lieiacion, etc., etc., 
jl/ec/maca?*" C'Primera Parte," p. 13) : "tenia pnesto cuatro senores muy principales 
en cuatro fronteras de la provincia," and in Peru, where they have been decorated 
with the titles of " vioe-roy." 

It is interesting to note here that the term " barrio " is applied by Spanish authors 
indiscriminately to the four great subdivisions and to the kins themselves. 

^Ti Durdn (Cap. XI, pp. 97, 102 and 103), Tezozomoc (Cap. XV, p. 24) both place 
the organization by which these four chiefs appear prominent, immediately after the 
pverthroAV of the Tecpaneca, and before the confederacy with tlie Tezcucans and Tlaco- 
pans. Ixtlilxochitl (" Hist, des Chichimegues," Cap. XXXI V, p. 236) speaks in general 
terms of a '• reorganization," after tlie confederacy had been formed. So does Acosta 
(Lib. VII, cap. XVI, p. 493), while " Codice Ramirez" (pp. 57 and 58) agrees with the 
two lirst. 

37" It is self-evident that these four chieftains were also inferior to the "snake- 
woman;" and this fact is amply illustrated. Durdn (Cap. XVI, pp. 140 and 141) con- 



687 

office was, of course, elective and non-hereditary, and the election 
took place in the same manner and (sometimes, at least) at the 
same time as that of the "chief of men." 276 Jn case the latter 
was unable to lead the confederate forces on the war-path, and the 
" Cihuacohuatl" himself was not available either, then the posts 
of chief commander as well as of leader of the Mexicans proper, 
might be filled by one or the other of them.^'^'^ This, however, 
was always a temporary situation, and there appears to have 
been no difference of rank between the four, since the Mexican 

'Cerning "Ezhuahuacatl," Cap. XXII, p. 189): '• y luego Tlacaellel, principe de la 
milicia, mando en nombve del re}' que fuesen apercibidos, etc., etc. . . ." "Llanio el 
rej'^ a un senor que se llamaua Ciiaulinochtli y hizolo general de toda la moltitad 
diciendole que Tlacaellel era ya viejo y que no podria ya ir a guevra tan apartada, 
dandole todas las exenciones y autoridad que semojante oficio requeria, . . . ." (Cap. 
XXXIV, p. 267, etc., etc.). Tezozomoc (Cap. XVII, p. 27), Tlacaellel, subsequently 
elected " Cihuacohuatl, " was then oimly " Tlacochcalcatl," and he is, at that time, merely 
mentioned as "uno de ellos de los capitanes." Still (p. 28) he appears as "capitan 
general de ellos." (Cap. XXII, p. 34): "Respondio Tlacatleltzin y dijo : quiero dar 
aviso a Tlacatecatl. y a, Tlacochcalcatl, para que publiquen luego en toda estarepublica 
esta guerra por los varrios, . . ." (Cap. XXVIII, p. i'A) : " mandaron el rey Moctezuma 
y Zihnacoatl, a los capitanes Tlacatecatl, Tlacochcalcatl, Cuauhnochtli, y Tilancalqui, 
que luego al tercer dia se apercibiesen y pusicsen en camino con sus armas y vituallas," 
etc., etc. This entire " Cronica" bristles with facts of that kind, too numerous to quote. 
The fact, amply proven hei'etofore, that the '' Zihuacoatl " was also ex-officio head- 
war-chief of the tribe of Mexico, is alone sufficient to establish the iuleriority of the 
four otjiers. See " Codice Ramirez" (p. (i7). 

276 In evidence of tliis there is the entire series of specifically Mexican authors, 
starting with the " Codice Ramirez" (p. 57) : " Primeramente ordenaron que siempre se 
guardasse este estatuto en la corte Mexicana, y es que despues de electo Rey en ella, 
eligiessen quatro seiiores, hermanos 6 parientes mas cercanos del mismo Re}', los 
quales tuviessen ditados de principes: los ditados que entonces dieron a estos quatro 
el primero fue . . . (follow the four names and titles). . . ." The same version has 
been adopted with more or less variation, by Durdn (Cap. XI, pp. 102 and 103), 
Tezozomoc (Cap. XV, pp. 2-1 and 25), Joseph de Acosta (Lib. VI, cap. XXV, p. 441) and 
Herrera (Dec. Ill, Lib. JI, cap XIX, jjp. 75 and 76). Besides, there is the independent 
version of Sahagun (Lib. VIII, cap, XXX and XXXI, pi). 318 and 319), who is even too 
positive, stating, or at least lending to the inference, tliat at every election of a "chief 
of men," tlie four utlices were also newly filled, and invested at tlie same time. This 
appears to be a misconception, explained by the Codice Ramirez and by Duran. 

It may be in place here to refer to a difl'erent version, wliich reduces the number of 
these assistants to the " cliief of men " to two only. We find it in Gomara (•' Conquista," 
Vedia I, p. 442): "Las apelaciones iban & otros dos Jneces mayores, que llaman 
tecuitlato, y que siempre solian ser parientes del sefior . . . ." and also in Zurita 
(" Rapport," etc.: p. 95). By reference, however, to Sahagun (Lib. VI, cap. XX), it will 
be seen that the celebrated Franciscan spealis of only two of the four wliich he men-, 
tions (Lib. VIII, cap. XXX). These two are "Tlacochcalcatl" and "Tlacatecatl" 
("Tlacochtecutli" and " Tlacatecutli " by abbreviation), whom he again calls (Lib. 
VIII, cap. XXIV, p. 311) "principal captains, of wliich there were always two," while 
(Lib. IX. cap I, p. 33(i) he calls the same, "governors of Tlatilulco." The Tlatilulcan 
tradition api^ears very plainly in the writings of tlie learneil friar, which writings have 
wielded such a vast influence in literature on alioriginal Mexico. 

^■'"'Art of War" (p. 122), Saliagun (Lib. VIII, cap. XXIV, p. 311), Durdn (Cap. 
XXII, p. 189), Clavigero (Lib. VII, cap. XXI, p. 494). 



688 

Ghroniclers mention them indiscriminately as military captains of 
the highest rank. Still, while this fact remains undisputed, we 
notice among later authors that two of the four, namely: " Ezhua- 
huacatr'and " Tlacateccatl " are called : " judges." ^^s How the 
duties of a judge sitting permanently, could be pei'formed by a war- 
chief, is rather difficult to comprehend, whereas those of a chief 
executioner of judicial decisions agree well with those of a military 
office, in primitive society. " Cuauhnochtecuhtli " is positively 
stated; to have been "■ chief executioner " (" alguazil maior") or 
sheriff. "279 The Codex Mendoza, however, makes all four equal, by 
calling each of them " executive officer." Samuel Purchas, in his 
"Pilgrimage," renders this incorrectly by "officer of dispatch." 280 
Such was indeed their true position. What the "elder brother" 
was to the kin, the four great war-captains were to the tribe. 
To them the judicial decisions of the council were communicated 
through the " Cihuacohuatl" or the " Tlacatecuhtli," and they 
were intrusted with their execution. Consequently they super- 
intended the maintenance of order and quietness at every place 
where the tribal authorities exercised control, as, for instance, in, 
the markets, and in the central square encompassing the great 
"house of God." But they were also the immediate military 
assistants of the "chief of men," and as such, as far as he ex- 
ercised any power to punish, they also acted as his "executive offi- 
cers" when necessary .281 It is doubtful, however, if the four lenders 

. 278 The " Tlacatecatl " is called a "Judge," second in jurisdiction only to the " Cihua- 
coliuatl" by Torquemada (Lib. XI, cap. XXV, p. 352). The same author calls him a 
" valiant captain " (Lib. II, cap. LXXVI, p. 211). After this iiuthor, he has been called 
a Judge by Vetancurt (Parte Ila, Trat 11°, cap. I, p. 370), by Clavigero <Lib. VII, cap. 
XVI, p. 481). It is singular to notice that for instance Vetancurt (Parte Ila, Trat. 1°, cap. 
XVIII, p. 320) mentions that "Water-Rat" ("Ahuitzotl ") was " Tlacatecatlo, captain 
general of the Mexicans." In this he follows Torquemada (Lib. II. cap. LXIII, p. 186), 
who, in turn, agrees with his predecessor, Mendieta (Lib. II, cap. XXXV and XXXVI, 
p. 151). The latter is particularly explicit. His statements agree with those of the 
Codex Mendoza (plates XIII and XVIII). " Ezliuahuacatl " is also represented as 
"alcahle'' in the Codex Mendoza (plate LXIX, tercera Partida, No. 18), which again 
represents him as "executor" (plate LXVI, tercera Partida, No. 10). All this tends to 
show that these officers, besides being principal war-captains, were also executors 
of judicial decrees. 

279 liamirez de Fuenleal {Lettre, Mexico, 3 Nov., 1532, " Premier Becueil,"^ etc.. p. 248) r 
'^ Un offloier, nomme Guanuichil, remplit les fonctions d'alguazil mayor. . ." Torque- 
mada (Lib. XI, cap. XXV, pp. 352 and 3.53), Vetancurt (V^ol. I, p. 370, etc.), Clavigero 
(Lib. VII, cap. XVI, p. 481). The " Codex Mendoza'" (plate LXVI, tercera Partida, No. 
7) calls him "executor," like " Tlilancalqni" and " Ezliuahuacatl." 

280 Codex Mendoza (plates LXVI and LXVIII). In the latter he calls them " Valien- 
tes.^^ For the interpretation of Purchas see Kingshorough (Vol. VI, pp. 73 and 74). 

281 Instances of that kind are frequently found, both in Duriin and Tezozomoc. 



689 

had the right to appoint the assistants whom they needed, beyond 
sending out subordinates, or rather detailing them on particular 
errands. As to watchmen in the market-places, — the officers who 
circulated about preserving peace and order there — they were 
placed at their posts by the tribe. But it was their duty to report 
to the chief executive officers, nay, to apply to them for assistance, 
whenever anything happened which required the exercise of higher 
power. On the other hand, these subalterns obeyed their orders in 
the interests of tribal business. 

We have already noticed that, among the four, " Cuauhnoch- 
tecuhtli" is most distinctly mentioned as judicial executioner, even 
prominently before the others. But this officer again is lost sight 
of at the election of a "chief of men." Then another looms up 
in his place. This is the " man of the black house," Tlilancalqui. 
It appears that each of the three first-named positions namely : 
" Tlacochcalcatl," " Tlacateccatl," "• Ezhuahuacatl," was, together 
with the last-named " Tlilancalqui," a preparatory stage for the 
office of "chief of men."282 "One of these four had to be 
elected king " sa^-s the Codex Ramirez. 2*^^ While it is difficult to 

282 This statement rests upon the authority of the '^ Codice Uamirez" (p. 58); 
which document agrees almost verbally with Durdn (Cap. XI, p. 108). Aside 
from TezozomoG (Cap. XV) and Acosta (Lib. VI, cap. XXV), who both, thoujfh rather 
vaguely, confirm the above, there are other indications confirniing it. For instance: 
Codex Mendoza (plate XI, interpretation or rather text) : '■ Yten el dicho TiQ09icatzi fue 
por estremo valiente y velicoso en annas, y antes que subcediese en el dicho seiiorio, 
hizo por su persona en las guerras cosas hazariosas de valentia, pordonde alcanzo 
tomar dictado de Tlacatecatl, que tenia por titulo de gran calidad y estado, y era el 
punto de que en vacando dicho seiiorio, el tal punto y^gi-ado subcedia luego en el dicho 
seiiorio, lo qual ausimismo sus antecesores hennanos altras contenidos, y padre, y 
aguelo tuvieron el mismo curso de los titulos y dictado, por donde subieron a ser 
seiiores de Mexico." Again (plate LXVIII, tercera partida), no difference is made 
between " Tlacatecatl " and *' Tlacochcalcatl ;" both are called '• valientes " and " capi- 
tanes de los exercitos Mexicanos." Torquemada (Lib. II, cap. LV, p. 172): "y que 
Axayacatl, Hijo de TeQOQomoctli (Seiior Mexicano) era Hombre Valeroso, y de mui 
gran fuerte, para el Reinado, fue de comun consentimiento, pasado a esta Dignidad, 
de la que tenia de Tlacuhcalcatl, y Capitan General, y hecho Rei." (Cap. LXIII, p. 
18(i) : "Ahuitzotl, Hermano del Difunto, y de su Antecesor Axayacatl, era Tlacatecatl, 
6 Capitan General de los Mexicanos. . . ." Thus he acknowledges that both Tlacate- 
catl and Tlacochtecatl were alike eligible. It is but natural to read similar assertions 
in Vetancurt (Parte Iln, Trat. 1°, cap. XVI, p. 305, cap. XVIII, p. 320), and Clavigero 
(Lib. IV, cap. XVIII, p. 283, cap. XXII, p. 287). This author speaks of the different 
*' chiefs of men " having been •' generals in chief" of the Mexicans. Xow since (Lib. VII, 
cap. XXI, p. 494) he states that the '' Tlacochcalcatl" was the "principal" among the 
war-captains, it follows, that the chiefs named by him had all attained that rank. But 
we know that other authorities frequently give them another title also, therefore the 
conclusion is but natural that there were several head-chiefs for military purposes, etc., 
from whom the "chief of men" might be chosen. 

283 '' Biblioteca Mexicana" (p. 58). 



690 

conceive why the captain " Cuauhnochtecnhtli " shouki not be one 
of the privileged four, it is eas}^ to understand why the " man of 
the blacl< house " sliould be of that number. The dark house, 
"Casa Lobrega" of Nuiiez de la Vega, in Chiapas, plays a 
conspicuous part in the worship, or " medicine" of the aborigines 
of Mexico and Central America.284 The " man of the black, or 
dark house," was therefore an intermediate between "medicine" 
and tribal government. As such, he appears to occupy a stage 
preparatory to the high office of " chief of men," and represents, 
together with the " satraps and papaoaqui" named by Sahagun,285 
the element of medicine oi' worship in the election of that officer. 
" Tlilancalqui " is occasionally, though rarely, mentioned as a 
war-chief,2^6 but missions of importance appear to have been 
intrusted to him ; and Joseph de Acosta calls the three other chiefs 
" warriors," ^^'^ to his exclusion ; and finally, he is made a confiden- 
tial advisor in times of great public danger. This is about all we 
know of this office, in relation to the government of the Mexican 
tribe. 

The fact, amply proven as it is, that the " chief of men " had to 
be selected from among the four chiefs and officers enumerated, 
bears directly on the nature of the dignity with which the 
" Tlacatecuhtli" was invested. It fully disposes of the assump- 
tions, that this officer was anything but an Indian war-chief of 
the highest order, or that heredity was attached to the office, though 
it does not disprove succession of office limited to any single kin. 
AVhile it thus explains many incidental features of organization 
and government, it leads us back to the oflice of '-chief of men" and 
through it, recalls some of the fundamental attributes of the tribe. 

284 J. H. von Minutoli C" Besclireihimg einer alien Stadt in Guatemala," etc., •' Teatro 
Critico Americano." hy Felix Cabrera. Germ;in translation, p. SI): "lionse of darkness 
which he (Votan) lia<l built in the space of a lew respirations." But the dark house is 
yet more positively noticed in Guatemala. I'opol J'uh (Part II, chap. II, p. 85) : "Ge- 
kuma Ha," IVom "Gek" black, '' Grammaire QQinchee" (|). 180). Also (Chap. VIII, p. 
147, cap. IX, i)p. 148 and 149). Id is interesting to notice, in connection with this, that 
the same gathering of aboriginal traditions also mentions (p. 81) a house filled with 
lances (tlarts) : "R'oo chicut Chayim-ha u bi, utuquel chakol cliupam zaklelohre chi 
cha. clii tzininic, chi yoholiic, chiri pa ha." (Cap. IX, p. 154) : " qate chicut ta x-e oc chi 
qaholab pa Cliaim-ha." Tliis corresponds with the Mexican " Tlacoclicalcatl." Again 
we are treated (p. 8.5) to a "house of tigers " also repeated (p. 154), and it is easy to 
recognize in it a counterpart to the '• Tlacatecatl." Thus again the analogy between 
the Guatemaltecans and the Mexicans, appears ."sustained to some extent. 

2«c" Historia general," etc. (Lib. VIII, cap. XXX, p. 318). 

ssojjy Tezozomoc. Quotations are superfluous. See his '' C9"dwtc«." 

287 1> jjistoria natural y moral de Indias" (Lib. VI, cap. XXV, p. 441). 

EicroRT Peabody Museum, II. 44 



691 

We have already stateol that the tnbe was a voluntary association 
of kins for mutual protection. Though this was undoubtedly the 
original purpose, it becomes evident that, in course of time and as 
a result of success in warfare, the tribe, as a military organization, 
grew into a cluster for procuring and increasing subsistence. -^s 
This was achieved by gathering booty in successful raids, and by 
imposing tribute upon tribes whose military power had been over- 
come in such dashes and forays. 

Previous to the formation of the confederacy, but few tribes had 
been conquered by the Mexicans.^ss In fact, it was the nearly 
equally balanced power of the Pueblos occupying the lake basin, 
that made the formation of that confederacy possible. Such a 
course was necessary to prevent them from destroying each other 
for the benefit of expectant neighbors.^^^ But when once this 
confederac}^ was formed, then their joint efforts w^ere directed to 
conquest, and to the acquisition of the means of subsistence 
through tribute. As the imposition of tribute was a military 
measure, so, also, its collection was in the hands of the viilltary 
branch of the tribal government. This is evident from the fact 
that the kins had delegated to the tribe all authority over outside 
matters. 291 Hence the "chief of men" became the official head 
of tribute-gatherers.292 

288 I'j,.; fyf jrar" (pp. ee, 97 and 98, also notes). 

289 The number and names of these tribes are yet undefined. The specifically Mexi- 
can sources insisting upon a conquest of Tezcuco (by force of arms) by the Mexicans, 
it follows tliat, according to the Codice liamircz (pp. 51 to 61), the tribes subjected 
before tliat supposed event, were the Tecpaneca, tlie Xochimilca, and those of Ouitla- 
hnac, or the settlements to the west and southwest. Buran (Cap. IX to XV) and 
Tezozonioc (Cap. VIII to XX) concur; so does, of course, Acosta (Lib. VII. cap. XII to 
XV). Tlie Codex Mendoza (plates V and VI) adds to the above the pueblos of Chaleo, 
Acolliuacan and of Quauhnahuac (Cuernavaca). If we compare it with the Tezcucan 
tradition, as reported by IxWlxochitl ('' HUt. des Chichimeques," Cap. XXXI. p. 21(5) we 
notice that it is claimed for that tribe, that it assisted the Mexicans in the conquest of 
Xo'chimilco and Cuitlahuac, although the formal confederation took place (according 
to the same authority. Cap. XXXII) some years later. According to Torqnemada (.Lib. 
II, cap. XLII, pp. 148, etc.), Vetancurt (Parte II«, Trat. 1°, cap XIV, p. 291), the Xochi- 
milcas were conquei-ed by the confederates. According to Veytia (" Historia antigua," 
Lib. Ill, cap. I, p. 150), the Tezcucaus subjected Xochimilco. Clavigero (Lib. IV, cap. 
V, p. 253) agrees with the Mexican vei-sion. 

290 .. Codice Ramirez" (p. 61). 

281 This resulted from the constitution of the tribe, as an association of kins for 
mutual protection and sustenance. 

29- Tezozomoc (Cap. X, p. 18) : "y aunque envian a. darlo a Ytzcoatl era para todos los 
Mexicanos en comun." The fact that the gathering of tribute was directly controlled 
by the ''chief of men" is so generally admitted that it hardly needs any further proof. 
Ramirez de Fuenleal (" Lettre," etc., p. 248, ler Becueil) ascribes the gathering of 
tribute to an officer whom he calls " tecuxcaicatectli." This should be, properly, 
9** 



692 

Whenever any tribe, with or without a struggle, yielded to the 
warlike power of the Mexicans and their associates, the amount 
and kind of articles to be delivered, as tribute, at fixed periods, 
was at once determined between " the parties.^^^ Yov the faithful 
performance of that contract, the vanquished stood in daily peril 
of tlieir lives f^'^ and in order to watch them constantly, and to 
regulate the delivery and transmission of the tribute, special 
officers were maintained among the conquered pueblos by their 
conquerors. These officers were called " gatherers of the crops," 
calpixqui. Each one of the three confederates sent its own 
"calpixqui" among the tribes which had become its exclusive 
prey, and where, as sometimes occurred, one pueblo paid tribute 
to all three confederates, it had to submit to the residence in its 
midst, of as many representative gatherers of duties. ^^^ 

" tlaoochcalcatl-teculitli." But we know that the duties of the latter offlcev were quite 
different. Still, the collection of tribute being a branch of military life, the niist;ike 
is easily, accounted for. The military chronicles of the Mexican tribe teem with 
instances where the stewards are described as under direct orders of the " chief of 
men," as in Zurita (pp. 68, 69, 70). It may also be inferred from the exaggerated state- 
ments about the tribute system among the Tezcucans, contained in Ixtlilxochitl 
(" Hist, des ChichimSques," Cap. XXXV, pp. 239-'241). 

293 J yefer to the following passages of Tezozomoc ('• Cronica," Cap. IX, p. 16, 
Capture of Azcaputzalco; Cap. XV, p 24, Cuyuacan; XVII, p. 28, Xochimilco; XVIII, 
p. 29, Cuitlahuac; XXVI, p. 40, Chalco; XXVII, p. 41, Tepeacac and Tecamachalco; 
XXIX, pp. 44 and 45, Tziccoac and Tucpan; XXXII, p. 50, Ahuilizapan, and the 
Totonaca; XXXVIII, p. 52, Coayxtlnhuacan; XXXVIII, p. 61, Huaxaca; Cap. LXI, p. 
102, Chiapan and Xilotepec; Cap. LXV, p. 110, Cuextlan; Cap. LXXII, p. 122: Teloloa- 
pan; LXXVI, p. 130, Tecuantepec and others; LXXIX, p. 136, Xoconuchco; LXXXIV, 
p. 148, Nopallan; LXXXVIII, Xaltepec; XCI, p. 159. Quetzaltepec). Durdn (Cap. 
IX, p. 77; X, p. 94; XII, p. 112; XVII, p. 151; XVIII, p. 159; XIX, p. 171; XXI, 
p. 185; XXII, p. 191; XXIV, p. 205; XXXIV, p. 269; XLI, p. 331; XLVI, p. 373, etc.). 
These passages fully illustrate the manner in which the tribute was imjjosed on the 
vanquished, at the close of a successful foray. Ixtlilxochitl {" Hisfoire des ChichimS- 
ques." Cap. XXXVIII, pp. 271 to 273). Sahagun (Lib. VIII, cap. XXIV, p. 313): 
" Habiendo pacificado la provincia, luego los senores del campo repartian tributos a 
los que habian sido conquistados. . . ." 

294 Durdn (Cap. LIII, p. 423), Also the complaints of the Indians of Cempohual and 
Quiahuiztlan (Totonaconas) (on the coast), to Cortes, about the dread in which they 
continually stood of being overrun again by the Mexicans and their confederates. 
{Cortes '^ Carta Segunda," p. 13, Vedia I), Bernal Dies (Cap. XLV, p. 40; XLVI, p. 41, 
Vedia II), ^^ Heal Ejecutoria, etc." (Col. de Doc's II, p. 12). 

395 This results from the "articles of agreement" of the confedei-acy. See besides: 
Zurita (p. 67). Hernando Pimeniel Nezahualcoyotl (" Memorial dirigido al rey, etc." 
" Geogi-ajia de las Lenguas." Orozco y Berra pp. 244 and 245) also states: '"The 
pueblos whose tributes were distributed among Mexico and Tezcuco and Tacuba 
were the following: Coayxtlavuacan, Cuanlituchco, Cotlaxtlan, AvliQapan, Tepeaca." 
Against this there stands the version of Sahagun (Lib. XII, cap. XLI, p. 59) : " Luego alii 
hablo otro principal que se llamaba Mixcoatlaylotlacauelitoctzin, dile al seiior capitan, 
que cuando vivia Mocthecuzoma el estilo que se tenia en conquistar, era este, que ibaa 
los Mexicanos, y los Tezcucauos, y los de Tlacupan, y los de las Chinampas, todos 



693 

Thus the Mexicans had a munber of such officers scattered 
among tributary settlements. The " chief of men " controlled 
their actions, but his power did not extend over the "calpixca" 
of the tribes of Tezcuco and Tlacopan. He could not even 
appoint the stewards sent to dwell among the tributary foreign- 
ers,296 tijis power being vested in the council alone.^Q^ Such an 
office was by no means a post of honor and enjoyment. On the 
contrary, there was no more responsible or dangerous duty within 
or without the tribe. The " calpixqui " while he had not the 
sliuhtest authority to hieddle with the affairs of the tribe where he 
Uved,^^§ was expected to watch closely the dispositions and incli- 

jiintos iban sobre el pueblo 6 provincia que quei-ian conquistar, y despues que lo 
habian conquistado, luego se volvian a sua casas, y a sus pueblos, y despues veniaii 
los senores de los pueblos que habian sido conquistados, y tiaian su tributo de oro y 
de piedias preciosas, y de plumages ricos, y todo lo daban a Mocthecuzoma, y asi todo 
el oro venia a su poder." This plain and very natural statement, from a Tlatilulcan 
chief who afterwards became '•gobernador" of Tlatilulco {Sahagun, Lib. VIII. 
cap. II, p. 274), has been twisted by Torquemada (Lib. IV, cap. CII, p. 572), so as to 
say among other things: '-and they liad the tril^utes gatliered at Mexico, and here it 
was distributed among the three Lords according to the directions given by him of 
Mexico." Torquemada has. in tliis instance, evidently changed the text of his prede- 
cessor. There is also an undeniable confusion here between booty and tribute. The 
former had to be divided among the conquerors while they were yet togetlier; the latter 
occurred regularly afterwards, and hence did not need to go through the hands of 
Mexicans again. The story of Torquemada is corroborated by IxtlUxochitl {''Hist, 
des C}iichimeques," Cap. XXXIX, p. 282), who clearly says that " Fasting Wolf" put 
stewards only when the tribute belonged to his tribe, but tiiat the whole tribute was 
brought to Mexico and there" the agents of the three chiefs divided it among them- 
selves. Finally, we have the obscure statements of JJa??iM'e2; de Fuenleal (pp.214, 247, 
in ler Recueil of Mr. Ternaux). 

^86 The "Calpixcayotl" was a permanent office, not a temporary duty or mission; 
consequently its incumbents could not be appointeil by a single war-chief. There is 
evidence to that effect. According to Durdn (Cap. XVIII, p. 164), after those of 
Tepeacac had been conquered. " CihuacohuatI " placed a steward in their midst : "Mira 
que en ello no aya falta ni quiebi-a; y para questo mejor se cumpla, os quiere poner un 
gobernador de los senores Mexicanos, al qual aueis de obedecer y tener en lugar de la 
real persona, el qual se llama Coacuech, y con esto os podeis ir en norabuena a vuestras 
tierras y ciudades porque al rey no le podeis hablar." (Cap. XXI, pp. 18(5 and 187). The 
steward for Cuetlaxtlan was chosen by the " Snalie-woman; " or at least his choice was 
proclaimed by tliat officer. (Cap. XXIII, p. 199) : "Acauado el sacriflcio y despedidos 
los giiespedes, Tlacaelel, con consejo del rey, enuio un virey a Coaixtlavac para 
que tuviese cargo de aquella provincia y de los tributos reales, el qual se llamaua 
Cuauxocliitl " 

2"' This results from the fact that the " CihuacohuatI " announced the newly chosen 
"Calpixqui." In this case he plainly acted as foreman of the council, proclaiming 
their choice. 

2^8 1 have already, in note 4, disposed of the statements of Sahagun (Lib. VIII. cap. 
XXIV, p. 313): ''y luego elegian gobernadores y oficiales que presidiesen en aquella 
provincia, no de los naturales de ella, sino de los que la habian conquistado." In further 
explanation thereof, I beg to call attention to some statements of the interpreters of 
the Codex 3fendoza (\tliites XX and XXI): "Los pueblos flgnrados en los dos pianos 
siguientes, resumidos axjui, son diez y ocho pueblos, segun que estan eutitulados. For 



694 

nations of those by whom he was surrounded and to report forth- 
with any suspicious movements or uttei-ances that came to his 
notice. Thus he appeared, in the eyes of the people among 
whom he resided, as a spy, whose reports might, at any time, 
bring down upon them the wratli of their conquerors. Again, it 
was his duty to control the bringing in of the articles promised as 
tribute, at stated times. Consequently he was the hateful tax- 
gatherer, the living monument of their defeat with all its unfortu- 

los Seiiores de Mexico tenian pnesto uii gobernador llaraado Petlacalcatl, aimque 
en cada un pueblo tenian puesto nn Calpixque, que es conio Mayordomo, que tenian a 
cargo de hacer recojer las rentas y tributos que los dichos Sefiores tributaban al 
Sefiorio de Mexico y todos los dichos niayordonios acudian al dicho Petlacalcatl, conio 
sii governador; " (plates XXII and XXIII): " . . . . tenian puestos Calpixques, en 
cada uno de ellos, y en lo mas principal doniinaba sobre todos ellos un governador, 
para que los mantubiese en paz y justicia, y les hiciese cumplir siis tributos y porque 
no se rebelasen ; " (plates XXIV and XXV) : " Y a que fiiesen bien regidos y governa- 
dos, los Sefiores de Mexico en cada uno de ellos tenian puestos Calpixques, y sol)re 
todos les Cal|)ixques un governador, isersona principal de Mexico, y ansi misnio los 
Calpixques eran Mexicanos, lo qual se liacia ^ probeya por los dichos Sefiores y a 
seguridad, para que no les rebelasen, y ft que les adniinistrasen justicia y oyesen en 
policia." It follows from the above that the "Governors" were placed, not so much 
over the tribes, as over tlie "calpixca" themselves, and indeed the "Petlacalcatl," 
" man of the house of chests." was the head-steward, to wliom sill tlie other stewards 
had to direct their consignments of tribute. Consequently, it is not to be understood 
as "governor of a province," but only "governor of the stewards," which is totally 
diffei-ent. 

Besides, thei-e is positive evidence to the effect, that the Mexicans and their 
associates never interfered with the autonomy of tributary tribes. Andres de Tdpia 
C^ lielacion," etc., p. 592): "Los que tomaba de guerra de(;ian tequitin tlacotle, que 
quiere decir, tributan como esclavos. En estos ponia m.iyoj-domos y recogedores y 
recaudadores; y aunque los seiiores mandaban su gente, era debnjo de la mano destos 
de Mexico. . . . Zurita {'^ liapport," etK., p. GS): " Les chefs, restant seigneurs comme 
avant la guerre, conservaient la jurisdiction civile et criniinelle dans toute I'etendue de 
leurs domaines." 

When the tribes of the gulf coast (the Totonacas, etc.) arose against the Me.xicans, 
muniering the stewards who had been placed among them, tliey were speedily over- 
come again, and when they attributed their revolt to the intrigues of their head-cliiefs, 
asking the Mexicans to punish tliem lor it, the Mexicans replied, according to Durdn 
(Cap. XXIV, p. 204) : "nosotros no-tr.'.emos autoridad para matar a nadie sine es en 
guerra: vuestros seiiores no ban parecido en esta gueria ni los emos visto, pero no 
por eso se escaparan, pues vuestras razones y dci-eo y lo que pedis, se dira al rey 
nuestro senor Blonteguma, y el mandara que se execute lo que nosotros dexareinos 
ordenado, y luego sin mas dilacion los traed aqui a todos ante nosotros y a inuy buen 
recaudo." Afterwards: "enviaron a CuaiiiiochtlL'.-y il Tlilancalqiri, que eran de los 
mayores oydores del consejo supremo, para que executasen aquella justicia." Tlie 
two chiefs wei'e cruelly butchered (p. 20()). This story is also related by Tezosomoc 
(Cap. XXXV, pp. 55 and 5(i), and it is evidently the instance referred to and illustratt d 
by the Codex Mendoza (plate LXVII). The foregoing tells us that even in a case of 
dangerous treachery and rebellion such as the above, llie Mexicans did not claim the 
right to interfere in the internal affairs of the conquered tribe, of tlieir own accord, but 
that it required the positive request of that tribe to cause them to act in the premises. 
Fiirthermore, the position of the " chief of men " as military executor is clearly defliied : 
" y el mandara que se execute lo que nosotros dexarenios ordenado." A very important 
statement 1 



695 

nate results. It cevtainl}' required men of capaeit}^ and experience 
to fill such a position, and we need not wonder, therefore, if the 
" calpixca," whom Cortes met among the Totonacas of the coast, 
wore the distinctive tokens of chiefs. ^^^ 

The conditions of tribute were various. Some tribes delivered 
their contributions every eighty days, whilst others sent them in 
annually. >^'*° In most cases, they had to be carried to Mexico- 
Tenuchtitlan by the tributaries, or at least, the delivery was at 
their ciiarge.^'^i This was done frequently by prisoners of war, 
made by the tributary pueblo and sent as part of the tribute 
itself.^o^ The "calpixqui" superintended this intercourse, he 
verified the articles received, and again dispatched them, properly, 
to the " seat and home " of the Mexicans. All this necessitated 

2»9 nernal Diez de CastUlo (Cap. XLVI, pp. 40 and 41). 

3"" The most complete record of tributes which we possess, .until now, is contained 
in tlie so-Ciilled Codex Mendoza i Parte Segunda, plates XJX to LVII. inclusive). A fujl 
discussion of tlie multlfai'ious details thereof is impossible here. It would requii'e an 
essaj- by itself, wliicli, liowevcr instructive it might be, wouhl largely exceed the limits 
ol' tills paper. Of course, not all the authorities agree with them. I mercl}' I'efer, in 
addition, to Durdn (Cap. XXV), Oviedo (Lib. XXXIII, cap. LI, pp. 535 ,• 'H and '7), 
Cluvigero (Lib VIl, cap. XV). Ixtlilxochitl ('• Hint, des CMchiiiiSqnes." Cap. XXXV), the 
latter as well as Torgiteniada (Lib. II, cap. LIJI, pp. IfiTand IGS) confining himself to 
the Tezcucans and their tiibutaries exclusively. See iurthermore, Zurita (pp. 21(5, 
247 and 2-lS), Ramirez de Fuevleal (Letter, p. 251). It is ^Iso interetling to consult the 
statements gathered, on the ti'ibute question, from tribes subject to the JMexicans. See, 
on Chalco, Fray Domingo de la Anunciacion {Letter dated; Chalco, 20 Sept., 1554, 2d 
" Recueil" of Sir. Ternaux-Compans. pp. 333 and 334) : on AfaUatziiico, Zurita (pp. 394- 
397), Herrera (Dec. Ill, lib. IV, cap. XVIII, p. 140). The latter mostly copies from 
Zurita. Finally, much information as to the details can be gathered from the '• Codice 
liamirez" (pp. 63 and 65), and esjjecially from the traditions on ihe forays and dashes 
of the Mexicans contained in tlie specilically Blexicau sources already quoted. 

SOI Tezozomoc (Cap. XXVH, p. 41, Cap. XXXIII, p. 52, Cap. LXl, p. 102, etc., etc.), 
Durdn (Cap. LXIX, p. 171): " Pues mira que lo aneis de llevar a Mexico vosotros 
mesmos. EUos respondieion que les placia de lo lleuar alia y seruillos, . . . ." (Cap. 
XXII, p. 191): "y que se obligasen a traello a Mexico. . . ." (Cap. XXIV, p. 20G, Cap. 
XXV, p. 203, etc., etc., etc.) 

^"'^ Durdn (Cap. XXV, pp. 212 and 213). Such female slaves became concubines. 
The various tribes exchanged also their prisoners of war, one tribe buying (exchanging 
for pro<lucts of the soil or for manufactures) of another those prisonei s which it 
had received as such tribute, and also presenting each other on solemn occasions 
with such pi'isoners. There are many illustrati'-ns of this to be lonnd. Thus the 
markets of aboriginal Mexico also had ' slaves," for sale, who were obtained in this 
manner. They were not numerous, and did not foim a class, only an object of medi- 
cine subject to exchange and barter. Cortes (•' Carta Segunda," p. 35, Vedia I) 
only speaks of "bonded people" standing in tlie markets" or "outcasts" ready to 
"bind" tliemselves— " to let." But Beriwl Diez de Castillo (Cap. XCII, p. 89, Vedia II), 
evident!}' describes such unl'ortunate people : " e traianlos atados en unas varas largas, 
con collares a los pescuezos porque no se les huyesen, y otros dejaban suellos." The 
same author (Cap. XLVI, p. 41) mentions the demand made upon tlie " Totonaca's" of 
the coast by the Mexican "calpixca" for "twenty Indians of both t-exes to pacify 
their Gods therewith." This is confirmed iu a general w'ay by Cortes (" Carta 
Segunda," p. 13, Vedia I). 



696 

assistants at his disposal — runners — wlio not only accompanied 
the convo\'s of tribute, but through whom a regular communication 
might be kept up with the Mexican tribe. On the strength of this, 
it has been fancied that not only a road-s3^stem analogous to that 
of the Romans, pervaded the entire area of actual Mexico, but 
that a perfect postal system was in full and successful operation. 
In regard to the first assumption we beg to refer to the letter of 
the Licentiate Salmeron, dated Mexico, 13th August, 1531, and 
directed to the council of the Indies :^°^ "I believe that all 
through the land roads should be opened which would be prac- 
ticable both for beasts of burthen and for carts. It would greatl}'' 
increase tlie security of our possessions. Since the Indians had 
no beasts of burthen, their paths were straiglit and narrow, and 
so direct tliat they would not deviate an incli in order to avoid 
climbing the most rugged mountains." Over these Indian trails, 
where occasionally heavy culverts of stone, filled up gaps and 
spanned narrow ravines,^''^ the tribute was forwarded to the pueblo 
of Tenuchtitlan, and the necessary runners moved swiftl}', to and 
fro, as occasion required. But there was no regularit}^ in this 
intercourse. There were no relays, and the Indian messenger 
relied, in order to traverse the wide belts of waste lands between 
tribe and tribe, upon his own endurance and upon the bag of pro- 
visions which he carried along. •^'^^ 

On solemn occasions, the convoys of tribute were not merely 
escorted bj- runners and watchmen detailed for that purpose by 
the " calpixqui," but that officer, himself, accompanied them and 
entered Mexico-Tenuchtitlan at their head.^oe The articles were 
carried to the "Tecpan" and then the duties of the "chief of 
men" in regard to tribute in general ended. For this tribute was 
not due to him, but to the tribe, and it was the tribal representa- 

S03 " Second liecueil de Pieces sur le Mexique " (H. Tornaux-Compans. pp. 191 and 193). 

304 The oollection oC Lord Kingsborougli has, among others, the pictures of so-called 
bridges. Anj'one can see at a glance that they are mere heavy culverts. Mr. H. H. 
Bancroft ('' Native Races," Vol. IV, y). ."iSS) ligures a bridge at Huejulla, but his argument 
in favor of its being an aboriginil construction aiipears to me vei'y unsatisfactory. 
The masonry covering the mound at Metlaltoyuca shows, according to his own words 
(Id. p. 4(il) : '■ there is no evidence that the arch was intentionally self-supporting." 

306 wtq must always discriminate between delegates, entrusted with certain business 
to transact, and therefore also clothed with a certain authority, and mere runners. 
("Correos" — " Yciuhca titlantli" Molina 1, p. 30, from ''Iciuhca" — quick and 
"titlantli" — he who goes on an errand, 11, pp.32 and 11:5). The latter are very well 
described by Torquemada (Lib. XIV, cap. I, pp. 5.35 and .lifi), although he presuiiposes 
relays at regular intervals. This was not the case, as the march of Cortes amply proves 

30" " Codice Ramirez" (p. 63). 



697 

tives to whom it wjis delivered. 3*'''' If the gathering of tribute 
thus required a set of officers necessarily placed beneath the 
orders of the mllitar}'^ chieftain, another set was needed for its 
preservation and judicious distribution. If the one consisted of 
stewards dwelling outside of the pueblo, the other was composed 
exclusively of home-stewards. Every convoy was therefore " con- 
signed " to a proper officer, whose duty it was to receive it and 
then abide the directions of his superiors as to its apportiouraent.^os 
We have already mentioned the " Cihuacohuatl " as the officer, 
who was responsible to the council for the administration of the 
stores and the proper distribution thereof, though he had beneath 
him another officer, to whom this duty was really and practi- 
cal!}^ assigned. Torquemada and those who have followed his 
school, call this subordinate "great crop-gatherer," "Hueycalpix- 
qui,"3°9 whereas Tezozoraoc and Duran apply to him the title of 
"man of the house of chests" " Petlacalcatl" ^^o In both cases, 
however, he is represented as " chief steward," to whom all the 
others should render account. He superintended the distribu- 
tion of the tribute,^!! and to him the kins came for their share — 
perhaps the largest of all. Unfortunately, we are unable to 
establish the principles upon which the division took place. All 
that we know is, that the tribe received one portion and the kins or 
"calpulli" the other, and that the " man of the house of chests," 
under whose eyes the distribution took place, afterwards looked 
to those stores, in particular, which were reserved for the tribe, 
i. e. : for the demands of the tribal government. ^^^ Therefore, the 
" man of the house of chests " frequently appears to be under the 
direct orders of the " chief of men," who could apply to him, more 
particularl}^, for such articles as were required for the exercise of 
tribal hospitality including gifts, and for displays of finery on 
particularly solemn occasions. ^13 It is true that, as we have 
elsewhere shown, particular tracts of land, " tecpan-tlalli," were 
reserved among tributary tribes for the demands of the official 

s" Tezozomoc (Cap. X, p, 18), Herrera (Dec. Ill, lib. IV. cap. XVII, p. 138). 

308 Tezozomoc (Cap. XXXII, p. 51): "A los dichos pueblos fiie im mayoidomo para 
• cobrar este tributo, como para todos los demas pueblos, que en Mexico havia un 
mayordomo, y otro en el mismo pueblo para mayor sugecion y vasallage." 

zf>9 Torquemada (Lib. XIV, cap. VI, pp. .'ill, .o4.5), copied by Vi'tancurt (Parte Ila, 
Trat. 11°, cap. 1°, pp. 370 and 371), Clavigero (Lib. VII, cap. X, pp. 4(58 and -109). 

310 Also by the Codex Mendoza (Interpretation to plates XX, XXl, etc.). 

311 See note 309, also Tezozomoc and Imuran. 

812 This is so frequently mentioned by Tezozomoc, that I forbear detailed quotations. 
313 Tezozomoc (" Cronica Mexicana," sundry places, too numerous to refer to). 



698 

honseholds,^^^ still, on many occasions, whether festive or in the 
hour of need, the crops raised thereon would not be sufficient, and 
thus other stores were laid up and lield for prudential reasons. -^^^ 
Over these stores the " Petlacalcatl" presided. This officer was, 
in all probability, appointed by the council, and he was account- 
able in the first place to the "• Cihuacohuatl," who kept a register 
or list of the articles recei\'ed as well as of their apportionment- 
These rude paintings on prepared skin, or tissue, have given rise 
to the fable that "archives'' existed at the aboriginal pueblos of 
Mexico, Tezcuco, and Tlacopan.^^^ 

The stores required for worship and for the support of the 
"medicine-men" were, as far as the central or tribal "house of 
God" was concerned, also, taken from this tribute, and assigned 
to the "medicine-men" according to their need. But the bulk 
of the tribute, presumably, went to the kins, who apporiioned 
it among their members, after reserving the necessary quota for 
their government and for worship. In this manner tlig proceeds of 
tribal association finally reached the individual, — not through the 
tribe unless he was an outcast, but through the kin, — and thus 
the latter again appears as the working unit of organized society, 
even in the vital matter of subsistence. 

The procuring of subsistence, by means of wai'fare, is the widest 
field of tiibal action known to aboriginal Mexico. It links to- 
gether kin and tribe, and furnishes a raison d'etre for the highest 
known form of tribal societ}^ — tlie confederacy. 

After what has been said in this and the preceding essaj^s, it is 
superfluous to recur, in detail, to the confederacy formed by the 
three " Nahuatl" tribes, of Mexico, Tezcuco and Tlacopan. Its 
"articles of agreement" have been stated elsewhere; and we 
know the prominent position, in a military point of view', occupied 
by tiie Mexican tribe in this partnership, formed, as it was, for the 
purpose of war and plunder. All that remains for us to en)phasize 
is the fact, that this inter-tribal connection in the Mexican valley 
did not extend further than a tri-partite association for the afore- 
said purposes. There was no interference on the part of the 
conquerors, in the affairs of the conquered, no attempt gradually 

314" Tenure of Lands" (pp. 419 and 4'2C). 

si^See the concuiTeiit reports about the gre;it drouth, while *' Wrathy chief -who 
shoots arrows heavenward" (•'Montezuma Ilhuicauiina") was "chief of men." 

3i«This very interesting and important question will soon be I'ully discussed by a 
very competent auiliority, 1 consequently forbear entering into any examination 
tliereof. 



699 

to cast the heterogeneous elements into one uniform mould, 
because there was no idea of any form of society other than that 
based upon kin, and of this, the tribe, characterized by inde- 
pendent territory', a dialect of its own and a common name and 
worship, formed the highest governmental expression. 

We liave thus, invohintaiily almost, retraced our steps to the 
point of departure and justified, as we believe, our original propo- 
sitions. We have tried to show that there was, in aboriginal 
Mexico, neither state, nor nation, nor political society of any kind. 
We have found a |)opulation separated into tribes representing 
dialectical variations of speech, e:ich tribe autonomous in matters 
of government, and occasionally forming confederacies for purposes 
of self-defence and conc^uest. Out of that confederacy, brought 
so prominently forward by the events of the Spanish conquest, 
we have selected on account of its military pre-eminence, one 
tribe, — the ancient Mexicans— and we have shown that it was 
an organic body composed of twenty anlonomous kins for pur- 
l)oses of nuilual protection and subsistence. A social organi- 
zation resting u[)on s^uch a foundation must, of necessity, have 
been a democratic body. Indeed, we have found that each kin was 
governed iiy strictly elective officeis, sul»ject to removal at the 
plea^^ure of their constituents; that the twenty kins, for their 
mutual benefit, had delegated their powers to transact business 
with outsiders to a council of the lril)e, in which every kin wiis 
represented b}' one member and consequently, had the same voice 
and vote as either one of the others. Tiie execution of the decrees 
ol this comicil was left to elective ollicers, whose power was limited 
to military conunand, and whom the tribe might depcjse at pleas- 
ure. With the exce[)tion of some very inlerior positioJis, these 
olticers had not the power of app(jintiiig others to oltiee, not even 
their assistants of high rank. The dignity of chief, so commonly 
transformed into hereditary nobility, has been found to have been, 
merely, a reward of merit and carrietl with it no other [)rerogatives 
than personal consideration and <jccasion:d indulgence in finery. 
Taking all this together, and adding to it the results of our inves- 
ligations into the military organization of the ancient Mexicans, 
as well as of their conuuunal mode of hiilding and enjoying the 
soil, we feel authorizetl to conclude lliat the social, oryanizdtioti and 
mode of gooerument of the aitcivnt Mexicans loa.-t a vulitury de-- 
mocracy, originally based apoit covLinanism in living. 
10* 



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LB S '08 



